HomeMy Public PortalAboutOrdinance 861ORDINANCE NO. 861
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT AND
THE HOME DEPOT, IN CONNECTION WITH
THE HOME DEPOT SPECIFIC PLAN
(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 Beaumont (hereinafter referred to as "City") to
enter into a Development Agreement; and
WHEREAS, the Beaumont City Council certifies that a Negative Declaration (04 -ND-
) by the Beaumont City Council on April 6, 2004, has been prepared and adopted for The
Home Depot Specific Plan, and the City Council finds that the findings made in connection with
said Negative Declaration are applicable and adequately address the environmental implications
associated with the subject actions; and
WHEREAS, the applicant, The Home Depot, proposed and submitted and City staff has
reviewed and negotiated the Development Agreement between The Home Depot and the City, to
govern the development of The Home Depot Specific Plan; and
WHEREAS, duly noticed public hearings were conducted on this matter as required by
law by the Planning Commission on March 9, 2004 and the City Council on April 6, 2004, 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;
ORDINANCE NO. 861
Page 2
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 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
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 The Home
Depot, are consistent with the General Plan; and
B. The Development Agreement complies with all applicable zoning, subdivision and
building regulations and with The Home Depot Specific Plan; 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.
SECTION 2: The Development Agreement between the City and The Home Depot
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. 861
Page 3
MOVED, PASSED AND ADOPTED THIS 20th DAY OF April
2004.
ATTEST:
VOTE:
7
CITY OF B AUMONT
AYES: Mayor Dressel, Council Members DeForge, Berg, Fox, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: None.
DRAFT
AMENDMENT NO. 1 TO LOMA LINDA UNIVERSITY
DEVELOPMENT AGREEMENT
This Amendment No. 1 to the Loma Linda University Development
Agreement ("Amendment No. 1") is entered into as of , 2004
("Effective Date"), by and among the City of Beaumont (hereinafter the "City"),
Loma Linda University (hereinafter the "Owner"), and Home Depot U.S.A., Inc.
(hereinafter "Home Depot").
RECITALS
A. 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 to enter
into binding development agreements, including amendments to development
agreements, for the purposes of facilitating the development of the property as
described in this Amendment.
B. The City, through Section _ of the Municipal Code, has adopted
rules and regulations establishing procedures and requirements for the
consideration of this Amendment No.
C. The City and Owner previously entered into a Development
Agreement, recorded December 8, 1993 in the Official Records of the County of
Riverside as Document No. 488638 (hereinafter "Development Agreement") with
respect to real property consisting of approximately four hundred forty-six (446)
acres located in the City ("Property"), which is more fully described and shown on
Exhibit A to the Development Agreement.
D. Pursuant to Section 2.5 of the Development Agreement, the
Development Agreement may be amended in whole or in part with the written
consent of the parties as provided in Section 65868 of the Government Code.
E. Owner owns certain real property, consisting of approximately 22
acres of the Property, which is more fully described and shown on Exhibit A-2
attached to this Amendment and incorporated by reference. Owner and Home
Depot are parties to a Real Estate Purchase Agreement and Joint Escrow
Instructions, dated August 26, 2003, whereby Home Depot has the right to
purchase this 22 -acre site (hereinafter the "Home Depot Property"). This
Amendment No. 1 applies only to the Home Depot Property and no other real
property within the Property.
F. Home Depot has applied to the City for entitlements to develop the
Home Depot Property, including the Home Depot Specific Plan, a Plot Plan, a
Parcel Map and this Amendment No. 1 (collectively, "Home Depot
Entitlements").
G. The Development Agreement contains provisions with respect to
Development Exactions, as defined in Section 1.1.1 of the Development
Agreement, and the City, the Owner and Home Depot seek to clarify the
application of these provisions to the Home Depot Property in this Amendment
No. 1.
H. On April , 2004, the City granted the following approvals:
1. By Resolution No. , adopted the Negative
Declaration No. 04 -ND -8 for the Home Depot Entitlements in accordance
with the California Environmental Quality Act ("CEQA");
2. By Resolution No. , approved Zone Change No. 04-
RZ-2;
3. By Resolution No. , adopted the Home Depot
Specific Plan No. 04 -SP -2 for the Home Depot Property;
4. By Resolution No. , approved the Plot Plan
No. 03 -PP -15 for the Home Depot Property; and
5. By Resolution No. , approved Tentative
Parcel Map No. 31948 for the Home Depot Property.
I. This Amendment No. 1 is consistent with the City's General Plan,
the Home Depot Specific Plan and all other applicable plans, rules, regulations and
official policies of the City. Further, prior to entering into this Amendment No. 1,
the City complied with all applicable procedures and requirements necessary to
entering into this Amendment No. 1.
J. On , 2004, the City adopted Ordinance No.
, which authorized the City to enter into this Amendment No. 1.
NOW, THEREFORE, the City, Owner and Home Depot agree as follows:
2
1. Section 1.1.14 is amended to read as follows:
"Existing Development Approvals" means all Development Approvals
approved or issued prior to the date of this Amendment No. 1. Existing
Development Approvals includes the Development Approvals identified in Recital
G herein and those incorporated here as Exhibit "C", and Exhibit "C-1" added by
Amendment No. 1, together with all other Development Approvals which are a
matter of public record on the date of this Amendment No. 1.
2. Exhibit "C-1" is attached to this Amendment No. 1.
3. Section 3.7.1(d) shall be deleted in its entirety and replaced with the
following provision:
Based on the requirements set forth in subsections (i) through (vii) below,
no Development Exactions or Subsequent Development Exactions shall apply to
the development of the Home Depot Property other than the conditions set forth in
the Home Depot Entitlements:
(i) Home Depot shall construct the offsite transportation
improvements listed as 1, 2, 3, 4, 5 and 6 depicted on Exhibit A;
(ii) Home Depot shall construct the offsite transportation
improvements listed as 1, 2 and 3 on Exhibit B, subject to the City
obtaining any required approvals from the Army Corps of Engineers or any
other agency, before the City issues certificates of occupancy for the
commercial buildings in Phase I of the Home Depot Specific Plan; and, the
offsite transportation improvements listed as item 4 on Exhibit B shall be
constructed by Home Depot or its successor before the City issues
certificates of occupancy for commercial buildings in the remaining
development phases of the Home Depot Specific Plan;
(iii) Exhibit D lists the fees that would be applicable to the
development of the Home Depot property, and based on the offsite
transportation improvements in subsections (i) and (ii), Home Depot shall
not be required to pay the fees listed as Road and Bridge, Traffic Signal and
Railroad Crossing fees in the amount of $651,672.02;
(iv) If the actual costs to construct the offsite improvements listed
as 1, 2, 3, 4, 5 and 6 on Exhibit A exceed Home Depot's fair share for the
cost of those improvements, the City shall reimburse Home Depot for the
excess costs within 30 days of receiving fees for any roadway
improvements paid to the City to develop any real property located within
the boundaries of the Property;
3
(v) If the actual costs to construct the offsite transportation
improvements listed as 1, 2, 3 and 4 on Exhibit B exceed $651,672.02, the
City shall reimburse Home Depot for the excess costs within 30 days of
receiving fees for any roadway improvements paid to the City to develop
any property located within the City;
(vi) If the City provides public financing or public funding for any
of the transportation improvements listed in Exhibit A or B, the City shall
ensure that Home Depot receives the proceeds from that public financing or
public funding for the construction of those transportation improvements;
and
(vii) If any other person constructs all or a portion of the offsite
transportation improvements listed as 1, 2, 3, 4, 5 or 6 on Exhibit A., Home
Depot shall not be required to construct those improvements. If any other
person constructs all or a portion of the offsite transportation improvements
listed as 1, 2, 3 or 4 on Exhibit B, Home Depot shall not be required to
construct those improvements and Home Depot shall be required to pay to
the City the difference between Home Depot's actual costs for these
improvements and the fees listed as $651,672.02 in Exhibit D.
4. This Amendment No. 4 shall only be effective if title to the Home
Depot Property is transferred to Home Depot pursuant to the purchase agreement
between Home Depot and Owner.
4
EXHIBIT "C-1"
1. Negative Declaration No. 04 -ND -8 for the Home Depot Entitlements in
accordance with the California Environmental Quality Act ("CEQA")
2. Zone Change No. 04-RZ-2;
3. Home Depot Specific Plan No. 04 -SP -2 for the Home Depot Property
4. Plot Plan No. 03 -PP -15 for the Home Depot Property
5. Tentative Parcel Map No. 31948 for the Home Depot Property
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5. Indicates the limit of The Home Depot work (Frontage only).
6. Dedicate only a portion of the 100' R/W.