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HomeMy Public PortalAboutOrdinance 780ORDINANCE NO. 780 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND OAK VALLEY PARTNERS, L.P. (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 the 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 Calimesa (hereinafter referred to as "City") to enter into a Development Agreement; and WHEREAS, the Beaumont City Council certifies that an Addendum to the Environmental Impact Report for the Beaumont Comprehensive General Plan, certified by the Beaumont City Council by its adoption of Resolution No. 1993-04 in February of 1993, has been prepared for the annexation proceedings request and associated Pre -Zoning known as 97-ANX-1 which includes the properties owned by Oak Valley Partners, L.P., inclusive of the proposed Development Agreement, and the City Council finds that the findings made in connection with the Comprehensive General Plan Environmental Impact Report remain valid and applicable to the subject actions; and WHEREAS, the applicant, Oak Valley Partners, L.P., proposed and submitted and City staff has reviewed and negotiated the Development Agreement between the City and Oak Valley Partners, L.P., to govern the development of the portions of Annexation No. 97-ANX-1 owned by the Oak Valley Partners, L.P.; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on April 7, 1998 and the City Council on April 14, 1998 and the Planning Commission recommends that the City Council approve the proposed Development Agreement based upon the following findings: 1. The proposed agreement is consistent with the objectives, policies, general land uses and programs specified in the Beaumont 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 planning practice; 4. The proposed agreement will not be detrimental to the health, safety and general welfare; ORDINANCE NO. 780 5. The proposed agreement will not adversely affect the orderly development of the property or the preservation of property values; 6. The proposed agreement will facilitate quality master planned development which will aid in the economic development of the City; and 7. The proposed agreement will not have an adverse impact 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 described above. THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: It has been determined that: A. The provisions of the Development Agreement between the City and Oak Valley Partners, L.P., are consistent with the General Plan; and B. The Development Agreement complies with all applicable zoning, subdivision and building regulations; and C. The Development Agreement states the duration of the Agreement shall be a period of 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 uses for public facility uses; and D. A series of conditions of approval have been provided for in the Development Agreement which will set forth the further steps and requirements for development of the property. SECTION 2: The Development Agreement between the City and Oak Valley Partners, L.P., attached hereto as Exhibit "A" is hereby approved and the Mayor of the City of Beaumont is authorized and directed to execute said Development Agreement on behalf of the City 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 a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. ORDINANCE NO. 780 FIRST READING MOVED, PASSED, AND ADOPTED THIS 14th DAY OF APRIL, 1998 with the following vote: AYES: Mayor Leja, Council Members Westcot, Parrott, Berg and Zeller. NOES: None. ABSTAIN: None. ABSENT: None. The Second Reading will be held on April 28, 1998. Attest: yor of the City of Beau