Resolution - 9737•
•
RESOLUTION NO. 9737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA ADOPTING PROCEDURES FOR THE CONSIDERATION
OF DEVELOPMENT AGREEMENTS.
The City Council of the City of West Covina finds as follows:
A. The City Council may by resolution adopt procedures for
development agreements. .
B. The City now has received several requests for adoption of
development agreements.
NOW, THEREFORE, the City Council resolves as follows:
1. The procedures attached in Exhibit "A" are ' adopted for
development agreements.
PASSED, APPROVED AND ADOPTED this 2°d day of November, 1999.
AY R
ATTEST:
C
CITY CLERK
I hereby certify that the foregoing Resolution was duly adopted by the City Council of
the City of West Covina at a regular meeting thereof held on the 2nd day of November,
1999, by the following vote of the Council:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
CITY CLERK
APPROVED AS TO FORM:
rYla,�K�,,->,.,
CIT ATTORNEY
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EXHIBIT "A"
CITY OF WEST COVINA PROCEDURES FOR
CONSIDERATION OF DEVELOPMENT AGREEMENTS
1. Parties to Development Agreement.
• The City may enter into a development agreement with any person or entity
having a legal or equitable interest in the real property to be developed. "Equitable
interests" may include those under a contractual agreement for the development of
property owned by others to be acquired by the developer. The property shall be within
the City or its sphere of influence as set out in Government Code §65864 et. seq., as it
may be amended from time to time.
2. Cost Recovery.
The applicant shall deposit with the City the estimated costs of considering and
processing the development agreement and related CEQA review. Any unused funds
shall be returned. Any amounts owing above those deposited shall be reimbursed before
execution of the agreement.
3. Contents of Application.
The application shall describe the applicant, parcels, type of development,
duration of agreement, permitted uses of property, density, maximum building height and
size, reservation or dedication for public purposes, conditions, terms, restrictions and
requirements for subsequent actions, time for construction and phasing, property
acquisition, financing of public improvements and any other information needed by the
Planning Division for the agreement or California Environmental ,Quality Act (CEQA)
review.
4. Contents of Development Agreement.
The agreement shall address the points set out in Paragraph 3, CEQA mitigation
measures as well as other relevant issues. The agreement also shall provide what rules,
regulations, codes, policies permitted, density and land uses and design, improvement
and construction standards shall govern the development.
5. California Environmental Quality Act (CEQA).
A development agreement shall be considered only after completion of
appropriate environmental review. Pursuant to the California Environmental Quality Act
of 1970, as amended.
6. Procedures for Adoption.
(a) Planning Commission Hearing.
The Planning Commission shall conduct a noticed public hearing on the proposed
development agreement. Notice shall be given under Government Code § 65090 and
§ 65091. The agreement may be considered at the same time as other applications by the
developer. The Planning Commission shall determine whether the development
agreement is consistent with the General Plan and any applicable specific plan. The
findings of the Planning Commission are advisory only and shall be provided to the City
Ask Council.
(b) City Council Hearing
Within thirty (30) days after _review by the Planning Commission, the City
Council shall conduct a noticed public hearing on the development agreement. Notice
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shall be given under Government Code § 65090 and § 65091. The City Council shall
find whether the provisions of the agreement are consistent with the General Plan and
applicable specific plan. City Council approval of the development agreement shall be
by ordinance.
7. Cancellation or Amendment.
A development agreement may be amended or cancelled, in whole or in part, in
• the same way, with the same notice provisions, as set out in Paragraph 6, above.
8. Recording.
•
Within ten (10) days of the effective date of the agreement, the City Clerk shall
record a copy of the agreement with the County Recorder.
9. Periodic Review.
The City shall review the agreement at least every twelve (12) months to
demonstrate good faith compliance with its terms. The applicant shall be required to
provide information determined necessary to demonstrate such compliance. If after such
review, on the basis of substantial evidence, the City Council finds and determines that
the developer has not complied, the City may modify or terminate the agreement.
10. Compliance with State Law.
In addition to those procedures set out herein, development agreements shall
comply with the provisions of Article 2.5, Chapter 4, Division 1, Title 7 of the California
Government Code (Development Agreements) as it now exists or may be amended
and/or recodified from time to time.
11. Change in Law.
In the event that state or federal laws or regulations change after the approval of
the agreement so as to preclude compliance with its terms, it shall be modified or
suspended as necessary without compliance with the procedures set out in Paragraph 6,
above.
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