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Home My Public Portal AboutOrdinance 1156ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BEAUMONT AND MERITAGE HOMES OF CALIFORNIA, INC. WHEREAS, City is a general law city and a municipal corporation of the State of California; and; WHEREAS, Meritage Homes of California, Inc. ("Owner") relating to the development of that certain real property commonly known as the Fairway Canyon Project (the "Project"), located in the City, County of Riverside, State of California , described in Exhibit "A" ("Subject Property"); and WHEREAS, Development Agreement between City and LB/L — Suncal Oak Valley LLC, a Delaware Limited Liability Company, and its successors and assigns ("Developer"), dated November 18, 2003, and recorded at Document No. 2003-977700, Official Records of Riverside County, California, and re -recorded on February 26, 2004, as Instrument No. 2004- 0131329, as amended by the Administrative Amendment No. 1 to the Development Agreement recorded in the Official Records of the County on July 15, 2020, as Instrument No. 2020-0309850 (the "Development Agreement"), and was partially reassigned to the Owner on June 30, 2021, as Instrument No. 2021-0396265 relating to the development of that certain real property commonly known as the Fairway Canyon Project (the "Project"), located in the City, County of Riverside, State of California. WHEREAS, the property owner and the City agree to transfer densities within Planning Areas in the Fairway Canyon Project consistent with Oak Valley & SCPGA Specific Plan and within the maximum development threshold of 3,011 dwelling units; and WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code, "Development Agreement Statute" which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and WHEREAS, under Government Code Sections 65864 et seq. and Beaumont City Council Resolution No. 1987-34 a development agreement is intended to provide assurances to developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the project outside the context of a negotiated development agreement; and 1 WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under Government Code Sections 65864 et seq. and Beaumont City Council Resolution No. 1987-34; and WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in this Ordinance, has been fully analyzed under CEQA and CEQA Guidelines and is subject to a certified EIR and addendum. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS That the above Recitals are true and correct and are incorporated as though fully set forth herein. SECTION 2. APPROVAL OF AMENDED DEVELOPMENT AGREEMENT EXHIBIT C That the City Council hereby approves the Amended Development Agreement updating Exhibit C by and Between the City of Beaumont and Meritage Homes of California, Inc. ("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, subject to the terms and conditions stated therein. SECTION 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. SECTION 4. EFFECTIVE DATE OF ORDINANCE That this Ordinance shall take effect thirty (30) days after its second reading by the City Council. SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance. 7 SECTION 6. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Beaumont Municipal Code as heretofore adopted by the City of Beaumont that are in conflict with the provisions of this ordinance are hereby superseded to the extent of such inconsistency. SECTION 7. RECORDATION OFDEVELOPMENTAGREEMENT The City Clerk is hereby directed to record the fully executed Amended Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution. SECTION 8. CERTIFICATION That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to bepublished according to law. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 17th day of January, 2023 by the following vote: AYES: White, Voigt, Lara, Fenn, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 7th day of February, 2023. AYES: White, Voigt, Lara, Fenn, Martinez NOES: ABSENT: ABSTAIN: 4— — Juli artinez, M yo ATTEST: Yzjzt�� Deputy City Cle Approved as to form: Ci Atkdmey 3 EXHIBIT "A" �e2� N N U N m v 2 c m� 0 0 0 `y" W U 2 R U C� � c� U N V g U V V U U N d y Q O W mg�ge 88�88$ 888$88 O Q e EXHIBIT "B" Development Agreement - Exhibit C Planning Reference Map Area or Tract No. 15 31462-1 ; ® D' ' 27.53 107 Medium 3.89 12C 31462-2 25.03 118 Medium 4:71 12B 31462-3 14.32 87 Medium High 6.08 12A 31462-4 12.8 76 Medium High 5.94 8B 31462-5 18.28 79 Medium 4.32 11 C 31462-6 19.63 79 Medium 4.02 16 31462-7 41.62 148 Medium 3.56 19 31462-8 34.89 130 Medium 3.73 1113 31462-9 31.71 87 Medium 2.74 8A 31462-10 36.93 88 Medium 2.38 3B/7B/11A 31462-11 51.05 83 Low 1.63 2A/3A/4 31462-12 51.13 137 Medium 2.68 2B 31462-13 12.96 63 Medium 4.86 6 31462-14 20.37 74 Medium 3.63 1 31462-15 31.1 133 Medium 4.28 18A VTTM 31462-26 20.51 81 Medium 3.95 18B VTTM 31462-16 26.62 108 Medium 4.01 20A VTTM 31462 37.5 146 Medium 3.9 20B VTTM 31462 14.6 86 Medium High 5.9 20C VTTM 31462 44.7 197 Medium 4.4 20D VTTM 31462 12.8 School 21B VTTM 31462 7.07 Park 22 VTTM 31462 see below 0 see below 22A VTTM 31462-20 17.19 67 Medium 3.9 22B VTTM 31462-23 13.76 55 Medium 4 22C VTTM 31462-24 11.8 55 Medium 4.66 22D VTTM 31462-25 11.25 54 Medium 4.8 26A 31462-21 33.65 167 Medium 4.96 26C 31462-22 20.48 101 Medium 4.93 14 36558 21.88 94 Medium 4.3 21A 36783 13.73 53 Medium 3.86 25 see below 0 see below 25A 37698 22.09 126 Medium High 5.7 25B 37697 13.11 73 Medium High 5.57 25C 37696 13.58 62 Medium 4.57 5 N/A 22.5 Park Page 1 Development Agreement - Exhibit C 7A N/A 55.55 Open Space 13 N/A 4.06 Park 17 N/A 6.68 Park 23A/23B N/A 98.96 Open Space 24 N/A 6.47 Park 27 N/A 3.92 Rec. Center 35A N/A 5.8 Commercial 35B N/A 24.58 Commercial San N/A 10.37 Right of Timoteo Wa Totals 1024.56 3,014(3) (1) Based upon the Development Agreement and Development Plan, including original VTTM 31462 approved in October 2003, VTTM 31462 Amendments and Substantial Conformances, and Final Tract Maps. (2) Low Density is defined as 0.2 to 2 Dus/acre; Medium Density is 2 to 5 DUs/acre; Medium High Density is 5 to 8 DUs/acre; High Density is 8 to 12 DUs/acre; and Mixed Use is 12 to 20 DUs/acre. (3) The Development Agreement and VTTM 31462 limit the total number of DUs in Fairway Canyon to 3,300 DUs. Current projections estimate a total of 3,001 DUs, which is 299 DUs less than the 3,300 DUs allowed. Page 2