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HomeMy Public PortalAboutOrdinance 743ORDINANCE NO. 743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND OMEGA HOMES (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. 11 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 on January 18, 1994, has made the following findings relative to the proposed Development Agreement between the City and the Owner of Improvement Area No. 11 in the CFD: 1 IN THE SUPERIOr- COURT OF THE STATE OF CALIFORNIA IN AND FOR a 163 ORDINANCE NO. 743 FROM: CITY CLERK THE COUNTY OF RIVERSIDE STATE OF CALIFORNIA County of Riverside ss. 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 DAILY RECORD -GAZETTE a newspaper of general circulation, printed and pub- lished daily in the City of Banning 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 October 14, 1966, Cass Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit: PUB: 4/15 ONLY all in the year 19__ 94 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date.__ April 15, at Riverside, California Signature 19_94 ORDINANCE NO. 743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ,BEAUMONT, `CALIFORNIA, i ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND OMEGA HOMES (PURSUANT TO GOVERNMENT CODE SECTIONS 65864 —65869.5) WHEREAS, in order to strengthen the public planning process, to en- courage private par- ticipation in comprehen- sive 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 es- tablishing procedures and requirements for the consideration of development agree- ments. WHEREAS; on February 8, 1993, the City Council of the City, after duly comply- ing with the California Environmental Quality Act and all statutes, or- dinances and resolutions applicable to the adop- tion of the General Plan, and • General Plan En- vironmental Impact Report, adopted its Resolution No. 1993-04 certifying that the General Plan Environ- mental Impact Report had been completed in compliance with the California Environmen- Filing Stamp tal Quality Act and its Resolution No. 1993-05 approving the General Plan. WHEREAS, the ap- plicant proposed and submitted and City Staff has reviewed and negotiated the Develop- ment Agreement be- tween the City and the Owner of Improvement Area No. 11 in the CFD to govem development of 16+ acres, hereinafter referred to as the "Property?, WHEREAS, on June 29,1993, the City Coun- cil 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 Financ- ing Program, herein - after referred to as the "Program", pursuant to which the City deter- mined that it was ap- propriate to provide for certain public facilities and services in order to implement the General Plan and, further, that such facilities and ser- vices could best be facilitated through the City issuing bonds secured by liens on the Property to be developed within the Cit p WHEREAS, the Plan- nittg Commission of the City of Beaumont by its recommendation of ap- proval of said Develop- ment Agreement on. January. 18, 1994, has made the following fmdings relative to the proposed Development Agreement between the City and the Owner of Improvement Area No. 11 in the CFD: 1. The proposed agree- ment is consistent with the objectives, policies, general land uses and programs specified in the General Plan; 2. The proposed agree- ment facilitates land uses which are com- patible with the uses authorized in, and the regulations prescribed for, the land use dis- tricts in which the real property is located; 3. The proposed agree- ment is in conformity with public con- venience, general wel- fare and good land use practice; 4. The proposed agree- ment will- not be detrimental to the -heal- th, safety and general welfare; 5. The proposed agree- ment will not adversely affect the orderly development of proper- ty or the preservation of property values; 6. The proposed agree- ment will enhance the stability of CFD No. 93-1 and other City in- frastructure financing programs; 7. The proposed agree- ment will facilitate quality master planned development which will aid in tke egpaomic development of the • City; and 8, The proposed agree - t. will not have an urerse affect ortthe en- vironment. WHEREAS, the City Council, of the City of Bea t has reviewed the .* M ons for the reconilf►tendation of ap- proval by the Planning Commission as included in the materials sub- mitted by them to the City Council accom- panying said recom- mendation; and WHEREAS, a duly noticed public hearing as required by law was conducted by the Plan- ning Commission of the City of Beaumont on January 18. 1994, 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 OFT HE CITY OF BEAUMONT DOES ORDAIN AS FOL- LOWS: SECTION 1: It has been determined that: A. The provisions of the Development Agree- ment between the City of Beaumont and the applicant are consistent with the General Plan; and B. The Development Agreement compiles with all applicable zoning, subdivision and building regulations and with the General Plan of the City of Beaumont; and C. The Development Agreement states that duration of the Agree- ment to be a period not to exceed twenty-five (25) years, sets forth the uses of the property, and the density and in- tensity of use, and sets forth the maximum height and size of proposed buildings and provides for the reserva- tion, dedication and im- provement of land for -public facility uses. SECTION 2: The Development Agree- ment between the City of Beaumont and the Owner of Improvenient Area No. 11 of the CFD is attached hereto as Ex- hibit "A" is approved and the Mayor of the City of Beaumont is authorized and directed to execute said Development Agree- ment on behalf of the City of Beaumont on or after the date when by law this Ordinance shall take effect. SECTION 3: This Or- dinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a sum- mary to be published in the Conffittnity Ad- visor, 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 ,11th day of April, 1994 upon the follow- ing roll call vote. AYES: Mayor Leja and Council Members Berg, Brey and Russo. NOES: None. ABSTAIN: None. ABSENT: Mayor Pro Tem Parrott. —s- Janice Leja, MAYOR OF THE CITY OF BEAUMONT ATTEST: —s- Joyce Snider, CITY CLERK STATE IF CALIFOR- NIA) COUNTY OF RIVER- SIDE) CITY OF BEAUMONT I, JOYCE SNIDER, Deputy City Clerk of the City of Beaumont, California, do hereby certify that the whole number of members of the City Council of the City of Beaumont is five; that Ordinance NO. 743 was introduced at a regular meeting of the City Council of said City on February 28, 1994 and was duly adopted by the City Council at a regular meeting of the City Council on April 11, 1994 by the following 'vote: /es: Mayor Jan Leja, ,.nd Council. Members Berg, Brey and Russo. Noes: None. Absent: Mayor Pro Tem Parrott. Abstentions: None. Witnessed by my hand and the seal of the City of Beaumont, California on April 11, 1994. —s- Joyce Snider JOYCE SNIDER, Deputy City Clerk City of Beaumont, California Publish The Record - Gazette No. 163 4-15, 1994 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; 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 January 18, 1994, 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 2 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. 11 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 11th day of April, 1994 upon the following roll call vote. AYES: Mayor Leja and Council Members Berg, Brey and Russo NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Parrott ATTEST: Y ATTOR /�� 3 C THE C Y OF MAYOR OF BEAUMONT ORDINANCE CERTIFICATION PAGE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF BEAUMONT ) I, JOYCE SNIDER, Deputy City Clerk of the City of Beaumont, California, do hereby certify that the whole number of members of the City Council of the City of Beaumont is five; that Ordinance No. 743 was introduced at a regular meeting of the City Council of said City on February 28, 1994 and was duly adopted by the City Council at a regular meeting of the City Council on April 11, 1994 by the following vote: Ayes: Mayor Jan Leja, and Council Members Berg, Brey and Russo Noes: None Absent: Mayor Pro Tem Parrott Abstentions: None Witnessed by my hand and the seal of the City of Beaumont, California on April 11, 1994. S►, DER, ty City Clerk ity of Beaumont, California .-„,,,‘ef, IN THE SUPERIOrt COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No # 103 NOTICE REGARDING ORDINANCE NO. 744 STATE OF CALIFORNIA1 County of Riverside ss. 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 DAILY RECORD -GAZETTE a lewspaper of general circulation, printed and pub- lished daily in the City of Benning 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 October 14, 1966, Case Number 547371 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit: PUB: 2/28 ONLY all in the year 19__ 94 . 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Date February 28, at Riverside, California 1994 NOTICE TO BEAUMONT e is for the County Clerk's Filing Stamp CITIZENS REGARDING ADOPTION OF ORDINANCE NO.744 On February 14, 1994, the Beaumont City, Council adopted Or- dinance No. 744, providing for the regulation of food es- tablishments and food facilities. You may wish to ex- amine the certified copy of the full text of Or- dinance No. 744 which is posted in Rom 9, City Hall 550 E. 6th St. Dated:. February 23,' 1994. —s- Dayle Keller, City Clerk CERTIFICATION I, Dayle Keller, City Clerk of the City of Beaumont do hereby certify that the forego- ing ordinance was intro- duced at a regular meet- Ing of'the ,City Council of said City held on the 24th day of January, 1994 and was duly adopted upon second reading on the 14th day of February, 1994, upon the following roll call vote: to et, Basso. NOES: None. ABSTAIN: None. ABSENT: None. is , —s- Dayle Kell rr. City Clerk Posted: Room 9, City Hall. Beaumont -Cherry Val- ley Water District. Beaumont District Library. Council Chambers. Publish The .Record - Gazette No. 103 2-28, 1994