HomeMy Public PortalAboutOrdinance 738ORDINANCE NO. 738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT AND
LEONARD B. OLINGER PHD. (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. 2 in the CFD to govern development of 16± acres, hereinafter referred to as the
"Property".
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 November 16, 1993, has made the
following findings relative to the proposed Development Agreement between the City and the
Owner of Improvement Area No. 2 in the CFD:
1. The proposed agreement is consistent with the objectives, policies, general land
uses and programs specified in the General Plan;
2. The proposed agreement facilitates 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 agreement is in conformity with public convenience, general welfare
and good land use practice;
4. The proposed agreement will not be detrimental to the health, safety and general
welfare;
5. The proposed agreement will not adversely affect the orderly development of
property or the preservation of property values;
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6. The proposed agreement will enhance the stability of CFD No. 93-1 and other
City infrastructure financing programs;
7. The proposed agreement will facilitate quality master planned development which
will aid in the economic development of the City; and
8. The proposed agreement 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 November 16, 1993, and a duly noticed public
hearing as required by law was conducted by the City Council of the City of Beaumont on
November 22, 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
B. The Development Agreement complies with all applicable zoning, subdivision and
building regulations and with the General Plan of the City of Beaumont; 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 Owner
of Improvement Area No. 2 of the CFD is 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.
MOVED, PASSED AND ADOPTED on this 13th day of D e c e mb W993, upon the
following roll call vote.
AYES: Council Member Berg, Brey, Parrott, Russo and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: one.
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MAYOR OF
ATTEST:
•
DSuty City Clerk
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 the
22nd day of November , 1993, and was duly adopted upon second
reading on the 13th day of December 1993, upon the following roll
call vote:
AYES: Council Member Berg, Brey, Parrott, Russo and Mayor
Leja.
NOES:
ABSTAIN:
ABSENT:
None.
None.
None.
Page 3
DEPUTY CITY CLERK
CITY OF BEAUMONT
AFFIDAVIT OF PUBLICATION (2.015,5 C C.P.1
COMMUNITY ADVISER NEWSPAPER
State of California )
) ss.
County of Riverside )
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years and not
a party to or interested in the above -
entitled matter. I am the principal
clerk of the printer of The Community
Adviser. a newspaper printed and
published weekly in the City of
Beaumont, County of Riverside, and
which newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Riverside, State of California, under
date of April 2, 1990. Case Number
203688. that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil). bas been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to -wit:
Published on:
all in the year 1993.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Signature
•
Date: /`t c_ ;2-3 . 19 3
at Beaumont, California.
(This Space for Clerk's Filing Stamp)
NOTICE 10 IIEA11MONT
MINIM NEIMMOING
ADOPTION OF OADNMNCE NO.
7311
On December 13, 1993, the
Beaumont City Council adopted
Ordinance No. 738, adopting the
Development Agreement between
the City of Beaumont and Leonard
B. Olinger PHD (Pursuant to
Government Code Sections 65864-
65869.5).
You may wish to examine the
certified copy of the full text of
Ordinance No. 738, which is posted
in Room 9, Clly Hall, 550 E. 6th St
Dated: December 16, 1993
-s MaWhite
Deputy City Clerk
CERTIFICATION
I, Julia White, Deputy qty Clerk of
the City of Beaumont DO HEREBY
CERTIFY that the foregoing
Ordinance was introduced at a
regular meeting of the qty Coundl
of said City held on the 22nd day of
November, 1993, and was duly
adopted upon second reading co the
13th day of December, 1993, upon
the following roil cal vote:
AYES: Council Member Barg, Brey,
Parrott, Russo and Myer Lata
NOES: None.
ABSTAIN: Nary.
ABSENT: rtiare.
+Mee
Deputy amok*
Publishes NeI rnmeelyAdviser •
12/23/93