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