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HomeMy Public PortalAboutOrdinance 863ORDINANCE NO. 863 AN UNCODIFIED ORDINANCE OF TBE CITY COUNCIL OF : t CITY OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOP a NT AGREEMENT BETWEEN THE CITY OF BEAUMONT FELLOWSHIP IN THE PASS CHURCH (PURSUANT TO GOVERNMENT CODE SECTIONS 65864-658 , 9.5) WHEREAS, in order to strengthen the public planning process, to encour: e private participation in comprehensive planning, and the reduce the economic risks of deve . pment, the Legislature of the State of California has adopted Sections 65864 through 65869.5 . f the Government Code which authorize the City of Beaumont (hereinafter referred to as "City") to enter into a Development Agreement; and WHEREAS, the Beaumont Planning Commission adopted Negative Declar tion (00 -ND - 04) in 2000, and the City Council finds that the findings made in connection with sai . Negative Declaration are applicable and adequately address the environmental implications as . iated with the subject actions; and WHEREAS, the applicant, Fellowship In The Pass Church, proposed and bmitted and City staff has reviewed and negotiated the Development Agreement between Fellow 'p In The Pass Church and the City, to govern the carrying out of the Master Plan established , the prior Planning Commission approval of Public Use Permit 00 -PUP -01 in a manner that ensure certain anticipated benefits to both the City and the Church; and WHEREAS, duly noticed public hearings were conducted on this matter as r=wired by law by the Planning Commission on May 11, 2004 and the City Council on May 18, 004, and the Planning Commission recommends that the City Council approve the proposed Deve .pment Agreement based upon the following findings: 1. The proposed agreement is consistent with the objectives, policies, g uses and programs specified in the Beaumont General Plan; 2. The proposed agreement facilitates land uses which are compatible wi authorized in, and the regulations prescribed for, the land use districts real property is located; The proposed agreement is in conformity with public convenience, gen and good land use planning practice; eral land the uses which the al welfare ORDINANCE NO. 863 Page 2 4. The proposed agreement will not be detrimental to the health, sal and general 5. The proposed agreement will not adversely affect the orderly develo ' mem of the 6. The proposed agreement will facilitate quality master planned develpment which 7. The proposed agreement will not have an adverse impact on the en onment. WHEREAS, the City Council of the City of Beaumont has reviewed the re: 'ons for the recommendation of approval by the Planning Commission as described above. welfare; property or the preservation of property values; will aid in the economic development of the City; and THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DO S HEREBY ORDAIN AS FOLLOWS: SECTION 1: It has been determined that: A. The provisions of the Development Agreement between the City and ellowship In The Pass Church, are consistent with the General Plan; and B. C. The Development Agreement complies with all applicable zoning, su •'vision and building regulations and with Public Use Permit 00 -PUP -01; and The Development Agreement states the duration of the Agreement 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 buil. ' : s and provides for the reservation, dedication and improvement of land uses for public facility uses. SECTION 2: The Development Agreement between the City and Fellowship Church attached hereto as Exhibit "A" is hereby approved and the Mayor of the City is authorized and directed to execute said Development Agreement on behalf of the after the date when by law this Ordinance shall take effect. In The Pass f Beaumont ity on or SECTION 3: This Ordinance shall take effect thirty (30) days after its final p within fifteen (15) days after its passage the City Clerk shall cause a summary to be p newspaper of general circulation, printed and published in the City of Beaumont, in a prescribed by law for publishing of ordinances of said City. ssage and Wished in a er ORDINANCE NO. 863 Page 3 MOVED, PASSED AND ADOPTED THIS 1st DAY OF June 2004 BY THE FOLLOWING VOTE: AYES: Mayor Dressel, Council Members Berg, Fox, DeForge, Killough. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Mr. David Dillon Director of Economic Development City of Beaumont 550 East Sixth Street Beaumont, California 92223 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND FELLOWSHIP IN THE PASS CHURCH April 1, 2004 (Pursuant to California Government Code Sections 65864, et seq.) 1 RECITALS AGREEMENT TABLE OF CONTENTS Page 1 2 1. Exhibits 2 2. Mutual Benefits 2 3. Interest of the CHURCH 2 4. Binding Effect of Agreement 3 5. Project is a Private Undertaking 3 6. Term 3 7. Hold Harmless 3 8. Vested Right 3 9. Additional Conditions of Approval 3 10. Other Permits 4 11. Assessments, Fees, Mitigation Measures and Exactions 4 12. Amendment or Cancellation of Agreement 4 13. Periodic Review of Compliance with Agreement 4 14. Notices 4 2 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is entered into to be effective on April 1, 2004, between the CITY OF BEAUMONT ("CITY") and FELLOWSHIP IN THE PASS CHURCH, a California non-profit corporation ("CHURCH"). The CITY and the CHURCH are sometimes collectively referred to herein as the PARTIES. RECITALS A. Government Code Section 65864 et sseg, authorizes the CITY to enter into binding development agreements with persons have legal or equitable interest in real property for the development of such property ("Development Agreement Law"). B. This Agreement is adopted pursuant to the Development Agreement Law. C. The CHURCH is the owner of approximately _ acres of land located at 650 Oak Valley Parkway, Beaumont, California ("Property"). D. The CHURCH intends to develop the Property in accordance with Public Use Permit No. 00 -PUP -01, issued by the CITY on May 3, 2000 ("Project"). The Project is highly capital intensive which, in order to make the Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on-site and off-site improvements. In order to enable the CHURCH to expend the necessary sums to prepare the plans referred to herein, the CITY desires to provide through this Agreement for certainty with respect to specific development criteria to be applicable to the Property. E. The CITY has determined that the use provided for in this Agreement is consistent with the best interests of the CITY in managing its growth in an orderly and beneficial manner. F. As part of the process of approving the Public Use Permit, the CITY has prepared and reviewed, pursuant to the California Environmental Quality Act, Negative Declaration No. 00 -ND -04 and the Proposed Master Plan for Ultimate Site Development (the "Master Plan") and has determined that the Negative Declaration adequately addresses the potential significant impacts of the Project and, accordingly, neither a supplemental nor subsequent environmental document is required for the Master Plan. 1 AGREEMENT In light of the foregoing Recitals, which are an operative part of this Agreement, the PARTIES agree as follows: 1. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein by this reference: Exhibit "A": Legal description of the Property Exhibit "B": Map of the Property Exhibit "C": Public Use Permit No. 00 -PUP -01 Exhibit "D": Conditions of Approval 2. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Master Plan for the Project in a manner that will ensure certain anticipated benefits to both the CITY and the CHURCH as set forth in this Section. The CITY and the CHURCH agree that certain assurances on the part of each PARTY as to the Project are necessary to achieve those desired benefits: a. Benefits to the CITY. The benefits to the CITY include, but are not limited to, the following: (1) The merger of several small parcels for the purpose of providing adequate on-site automobile parking; (2) Realignment of motor vehicle ingress and egress and coordination of the same with surrounding city streets; (3) Acquisition of additional land to construct a second point of motor vehicle ingress and egress to the Property; (4) The construction and dedication of a pedestrian and bicycle trail system through the Project area. b. Benefits to the CHURCH. The CHURCH has expended and will continue to expend substantial amounts of time and money on the planning of the Project and the negotiation and acquisition of additional lands and right of way and the construction of public improvements and facilities. The CHURCH would not make such additional expenditures without this Agreement, and the benefits to the CHURCH under this Agreement consist of the assurance that the CHURCH will preserve the right to develop its Property as planned and as set forth in this Agreement and the Master Plan. 3. Interest of the CHURCH. The CHURCH represents that it is the owner of the Property in fee simple. 2 4. Binding Effect of Agreement. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the PARTIES and their successors and assigns. 5. Project is a Private Undertaking. It is specifically understood and agreed that the development of the Project is a private and not a public sector development, and that neither PARTY is acting as the agent of the other in any respect hereunder. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the CITY and the CHURCH is that of a government entity regulating the development of private property. 6. Tenn. The term of this Agreement shall be three years, terminating on February 28, 2007. 7. Hold Harmless. The CHURCH shall hold the CITY, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, arising on the Property from the wrongful or negligent acts of the CHURCH or those of the CHURCH's contractors, subcontractors, agents, employees or other persons acting on the Church's behalf. 8. Vested Right. By entering into this Agreement, the CITY grants to the CHURCH a vested right to proceed with the Project in accordance with the Public Use Permit, the Master Plan and subject to the conditions set forth below and on Exhibit "D" hereto. 9. Additional Conditions of Approval. In addition to the approvals set forth in the Public Use Pennit, the following conditions of development shall apply to the Project: a. The maximum height of any structure on the Property shall not exceed _ feet, except that the height of the CHURCH Sanctuary shall not exceed a maximum height of 50 feet. b. The CHURCH shall acquire the 4 -acre parcel depicted on Exhibit "B" hereto and construct motor vehicular access from Palm Avenue to the Project; c. The CHURCH shall prepare and submit a Parcel Map to the CITY merging all of the separate parcels contiguous to the Project into one parcel; d. The CHURCH shall construct improvements and maintain the same in accordance with CITY standards to the pedestrian and bicycle trail, the location of which is depicted on Exhibit "8"; and e. The CHURCH shall construct a new primary entrance to its Project on Oak Valley Parkway in line with Orange Avenue at its intersection with Oak Valley Parkway. 3 10. Other Permits. The CHURCH shall apply for such other permits and approvals as may be required by other governmental or quasi -governmental agencies having jurisdiction over the Project. 11. Assessments. Fees Mitigation Measures and Exactions The CITY shall not, without the prior written consent of the CHURCH, impose any assessment, fee, mitigation measure or exaction applicable to the development of the Project or any portion thereof, except those existing and proposed assessments, fees, mitigation measures and exactions included on Exhibit "B". Fees payable to the CITY shall be at rates applicable on the date the fee is due and payable. 12. Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the PARTIES in the manner provided for in Government Code, Section 65868. 13. Periodic Review of Compliance with Agreement. The CITY and the CHURCH shall review this Agreement at least once every 12 months from the date this Agreement is executed. During each periodic review, each PARTY is required to demonstrate good faith compliance with the terms of this Agreement and shall furnish such reasonable evidence of good faith as may be reasonably required. In the event the CITY Council determines that the CHURCH has not complied in good faith with the terms of this and conditions of this Agreement it shall, by written notice to the CHURCH, specify the manner in which the CHURCH has failed to so comply and state the steps the CHURCH must take to bring itself into compliance. If, within 60 days after delivery of such notice the CHURCH has failed to so comply, then the CITY may terminate this Agreement or institute legal action to seek specific performance of this Agreement. 14. Notices. To the CITY: City of Beaumont Attention: City Manager 550 East Sixth Street Beaumont, California 92223 To the CHURCH: Fellowship in the Pass Church Attention: Walter Price, Senior Pastor 650 Oak Valley Parkway Beaumont, California 92223 4 IN WITNESS WHEREOF, the PARTIES have executed this Development Agreement on the date and year first above -written. CITY OF BEAUMONT Dated: By Mayor FELLOWSHIP IN THE PASS CHURCH Dated: By WATER PRICE, Senior Pastor 5 4 First Southern Baptist Church Fellowship in the Pass Church 650 Oak Valley Parkway Beaumont, CA 92223 (909) 845-2693 Fax (909) 769-0114 email: frtp@ftpchurch.org Dr. Walter A. Price. Senior Pastor Mr. Dave Dillon City of Beaumont 550 E. 6" Street Beaumont, CA 92223 Dear Mr. Dillon: This letter is in regard to considerations we are requesting related to our current Public Use Permit No. 00 -PUP -01 and negative Declaration No. 00 -ND -04, Proposed Master Plan for Ultimate Site Development of Fellowship in the Pass Church, 650 Oak Valley Parkway. Applicant: Fellowship in the Pass Church; Agenda Date: May 3, 2000. In clarifying our PUP it is our request that we be allowed the following considerations: 1) Height standards for any building will be in accordance with Commercial Zoning Regulations with a maximum height of 50 feet. 2) Future buildings in the project development may include a sanctuary, classrooms, offices, library, educational space, book store, fellowship halls, conference rooms, storage space, and various other facilities related to the ministries of a church. 3) Based on conversations with the City of Beaumont we expect the deeding of 4+ acres of land between the rear of our property and Palm Avenue by the city in exchange for improvements and maintenance to the current bike trail to meet city standards. The purpose of acquiring this parcel is to relieve traffic concerns on Oak Valley Parkway by the installation of an entrance/exit driveway to Palm Avenue. Further, we wish to merge our current parcels with that parcel into one parcel. 4) A new primary entrance to the property on Oak Valley Parkway in line with Orange Avenue extended may be created to replace the current primary access. This will relieve congestion between the two current drives onto Oak Valley Parkway by approximately doubling the distance between them. Plus, this creates a natural intersection with existing city streets. Thank you again for your help and attention to this matter. Sincerely, Walter • 'ce, Senior Pastor APR 13 20 CITY OF BEAUMONT ENGINEERING DEPT First Southern Baptist Church Fellowship in the Pass Church 650 Oak valley Parkway Beaumont, CA 92223 (909) 845-2693 Fax (909) 769-0114 email: fitp@fitpchurch.org Dr. Walter A. Price, Senior Pastor Mr. Dave Dillon City of Beaumont 550 E. 6° Street Beaumont, CA 92223 Dear Mr. Dillon: This letter is in regard to our upcoming project and its relationship to our current Public Use Permit No. 00 -PUP -01 and negative Declaration No. 00 -ND -04, Proposed Master Plan for Ultimate Site Development of Fellowship in the Pass Church, 650 Oak Valley Parkway. Applicant Fellowship in the Pass Church; Agenda Date: May 3, 2000. It is our understanding that, based on the approvals of this PUP and prior work done, we are exempt from the Transportation Uniform Mitigation Fee and the Beaumont Uniform Mitigation Fee for the current project and future projects on the property within the scope of our Master Site Plan approval. The work previously done includes but is not limited to street widening, curb and gutter and the installation of a water main the full length of our property adjacent to Oak Valley Parkway. It is our understanding that we have a vested right in this on-going development that would exclude our paying of these and any similar fees. Thank you for your help in this project. We deeply appreciate the work you and our city staff are doing to manage the best interests of our citizens in the growth process. Walter Price, Senior Pastor g M APR 13 2004 CITY OF BEAUMONT ENGINEERING DEPT /) _ 4-44 0:7/1-19Qe