HomeMy WebLinkAboutResolutions - No. 2005-2376*1 a X04 11419 14 0 0 J
WHEREAS, the State Legislature, pursuant to Government Code Section 65864 et seq.,
has authorized the City to enter into development agreements which provide greater certainty to
developers to proceed with approved projects according to local policies and regulations; and
WHEREAS, Government Code Section 65867 requires a public hearing before the
planning agency and the legislative body prior to the adoption of a development agreement; and
WHEREAS, Government Code Section 65865(b) authorizes cities to enter into pre-
annexation and annexation agreements with those having a legal or equitable interest in real
property within a city's sphere of influence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI HERE"
-3ESOLVES, DETERMINES, FINDS, AND ORDERS AS FOLLOWS:
,Section One. As a policy, development agreements and/or pre-annexation/annexation
agreements should include public benefit(s), beyond those already forthcoming through project
approvals and normal impact fees and conditions, in return for commitments to maintain present
plans and regulations for determinate periods.
ection Two. The following procedures are approved:
A. -p
Ap licatiom
.
1 . Consideration of a development agreement, including pre-
annexation/annexation agreement, (Article 2.5, Chapter 4, Title 7 of the Government Code,
beginning with Section 65864) shall be initiated by the property owner ("Applicant") filing an
application for such consideration with the Community Development Director- The Applicant
shall have at the time the application is made a legal or equitable interest in the property. The
application shall include:
(a) A proposed agreement, which conforms to the form approved by
the City Attorney and shall include the following,
(i) A legal description of the property sought to be covered by
the agreement.
(ii) A description of the proposed uses, maximum height and
size of proposed buildings, density or intensity of use, and
provision for reservation or dedication of land for public
purposes.
(iii) Conditions, terms, restrictions, and requirements for
subsequent City discretionary actions.
(iv) Proposed time when construction would be commenced
and completed, including a phasing plan.
(v) Proposed public benefits inclusive of an implementation
phasing plan.
(vi) Termination date for the agreement, recommended at ten
(10) years but subject to negotiation.
(b) Sufficient information to enable the Community Development
Director to perform an initial study pursuant to Public Resources
Code Section 21160,
(c) Sufficient information to establish that the project is consistent with
the City's General Plan.
(d) Such other information as the Community Development Director
may require,
Z The application shall be accompanied by a five thousand dollar ($5,000)
deposit fee to cover processing costs including but not limited to staff time, legal fees, and
professional fees. Any overage shall, be refunded subsequent to adoption of the agreement or
upon termination of the application. Processing costs greater than $5,000 shall be billed in
advance by depositing additional funds in an amount that the Community Development Director
may require based on estimated cost of remaining processing. A greater deposit may be
required by the City Manager in complex matters,
All
I . The City Attomey shall transmit a letter to the Community Development
Director indicating that the proposed agreement is legally sufficient and in accordance with the
requirements of this Resolution.
2. The Community Development Director, shall, in accordance with adopted
City procedures for implementation of California Environmental Quality Act, "CEQA," prepare
appropriate environmental documentation and, upon completion of such documentation, shall
transmit the application, together with the Community Development Director's report, detailing
the:
(a) Adequacy of existing plans and regulations;
(b) Consistency with General Plan and any applicable specific plan;
(c) Analyzing the proposed public benefit(s) as a balance for
development commitments; and
(d) Indicating why such benefit(s) should/should not be adequate to
the Planning Agency.
C. Planning Commission Action.
19 Upon receipt of the application, environmental documentation, completion
of the Community Development Director's report, receipt of the City Attorney's letter, and an
executed copy of the Agreement by the Applicant, the Community Development Director shall
schedule a public hearing on the application before the Planning Commission. The hearing
19
shall be preceded by public notice given pursuant to Government Code Sections 65090 and
65091 in addition to any other notice required by law for other actions to be considered
concurrently with the application.
2, Following the public hearing, the Planning Commission may recommend
approval, disapproval, or approval as modified by the Planning Commission of the application
and transmit the same on to the City Council for consideration.
I - Upon receipt of the application, environmental documentation,
Community Development Director's Report, City Attorney's letter, and Planning Commission
recommendation, the City Clerk shall schedule a public hearing on the application. The hearing
shall be preceded by public notice given pursuant to Government Code Sections 65090 and
65091 in addition to any other notice required by law for other actions to be considered
concurrently with the application.
2, The City Council may consolidate the public hearing by the Planning
Commission with the City Council public hearing.
3, Following the public hearing, the City Council may approve, disapprove,
or approve as modified by the City Council the application and, if approved or approved as
modified, adopt an ordinance approving the agreement. Said agreement shall not become
effective prior to its execution by the Mayor or any other limitations set out in the agreement or
its adopting Ordinance.
4. Within ten (10) days after the City executes a development agreement,
the City Clerk shall cause a copy thereof to be recorded with the County Clerk/County Recorder
of the County of San Joaquin.
E. Annual Review.
1. All development projects subject to the agreement shall be reviewed by
the Community Development Director once every twelve (12) months concurrent with the
applicant's (hereinafter referred to as "PROPERTY OWNER" for purposes of describing the
non -City parties to the agreement) submittal of an Annual Monitoring Report,
2, The purpose of the review shall be to inquire into the good faith
compliance of the PROPERTY OWNER with the terms of the agreement and any other matters
which may be specified in said agreement.
3. Prior to each review, the PROPERTY OWNER shall file a report with the
Community Development Director as to development which has occurred under the agreement
subsequent to the last past review and any other matters which the PROPERTY OWNER
wishes to bring to the Community Development Director's attention.
4, The Community Development Director shall prepare an annual review
report and set the matter for public hearing by the Planning Commission for recommendation to
the City Council. The City Council shall hold a public hearing on the annual review report and
consider said report and recommendations by the Planning Commission and approve, modify or
terminate.
5. The PROPERTY OWNER or any successor to PROPERTY OWNER
shall reimburse the City for all costs of the annual review process apportionable to that
agreement and shall pay a deposit of $1,000.
I
F. Tefrr ination Cancellation Ivloditication and Amendrment _gt_Qgy&rr�ent
AgEQe—ments,
Any development agreement may be amended by mutual consent of the
PROPERTY OWNER and the City Council or cancelled by the City Council in the same manner
as set forth above for entering into such agreement.
2. If, as a result of a periodic review, the City Council finds and determines,
on the basis of substantial evidence, that the PROPERTY OWNER or successor in interest has
not complied in good faith with the terms and conditions of the agreement, the City Council may
terminate or modify the agreement. Notice of intention to amend or cancel in whole or in part
shall be given pursuant to Government Code Section 65867.
3. In the event state or federal law or regulations established after the
agreement is approved prevent or preclude compliance with one or more provisions of the
agreement, the provisions of the agreement shall be modified or suspended as may be
necessary to comply with such new law or regulation.
,5
ion T��,ree. The procedures set forth above shall be applicable to pre -annexation and
annexation agreements in accordance with Government Code Section 65865(b) and the
agreement shall not become operative unless the property subject to the agreement is
successfully annexed to the City within the time period specified in the agreement or any
extension thereof. In the event the annexation is not completed within the time specified in the
agreement, or any extension thereof, the agreement shall become null and void.
Dated: November 2, 2005
I hereby certify that Resolution No, 2005-237 was passed and adopted by the Lodi City
Council in a regular meeting held November 2, 2005, by the following vote:
AYES- COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
SUSAN J. BLAOKSTON
City Clerk
Pi