HomeMy WebLinkAbout1991-11-26 - AGENDA REPORTS - ADOPT RESO 91 186 (2)AGENDA REPORT
City Manager Approval
Item to be presented by:..
CONSENT CALENDAR l/��
Lynn M. Harris;/'5 ate
DATE: November 26, 1991
SUBJECT: Adoption of Resolution No. 91-186
DEPARTMENT: Community Development
BACKGROUND
The attached is a resolution_ of the City Council establishing policies,
provisions, and criteria for the evaluation of development agreements and to
transmit direction to the Planning Commission for their use in making
recommendations to the Council on development agreements.
Adopt Resolution No. 91-186
ATTACHMENTS
Resolution No. 91-186
LMH:GEA:405
A.anda Item:
RESOLUTION NO. 91-186
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA ESTABLISHING POLICIES, PROVISIONS,
AND CRITERIA FOR THE EVALUATION OF DEVELOPMENT AGREEMENTS AND
TRANSMITTING DIRECTION TO THE PLANNING COMMISSION FOR
USE IN PUBLIC HEARINGS AND IN MAKING RECOMMENDATIONS
TO THE CITY COUNCIL ON DEVELOPMENT AGREEMENTS
WHEREAS, the City of Santa Clarita is authorized by Article 2.5,
Chapter 4, Title 7 of the Government Code to . consider development
agreements submitted to the City; and,
WHEREAS, the City is authorized to establish provisions for the
contents of development agreements; and,
WHEREAS, the City desires to establish policies, provisions, and.
criteria related to the consideration of submitted development
agreements; and,
WHEREAS, goals and policies of the General Plan support the use
of development agreements to provide for. public facilities,
including, but not -limited to, streets, sewerage, transportation,
schools and utilities, to the City; and,
WHEREAS, the City and public are assured that entering into a
development agreement provides for "clear and substantial" public
benefit to the City and therefore makes it in the public interest to
enter into an agreement; and,
WHEREAS, the subject resolution shall be used in conjunction
with and not supersede the requirements for development agreements
as stated in State Law and the Municipal Code nor be inconsistent
with the goals and policies of the General Plan; and,
NOY THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
RESOLVE, DETERMINE„ AND ORDER AS FOLLOYS:
SECTION 1.DURATION OF AN AGREEMENT The duration of
development agreements shall be for a minimum seven (7) years up to
a maximum of ten (10) years, from the date the City Council approves
the agreement. For an agreement to extend beyond seven years, the
City Council. shall make a finding that the benefits provided to the
City by the development agreement shall exceed the base benefits
established herein for seven year development agreements. The
specific duration of each agreement shall be assigned by the terms
of the agreement adopted by the City Council, -in part based on the
benefits the City will derive from each particular development
agreement.
SECTION 2. FINANCING OF PUBLIC FACILITIES AND
REIMBURSEMENT OVER TIME Each agreement shall provide that all fees
and financing mechanisms associated with development agreements
shall be adjusted on an annual basis for inflation as indicated by
the selected Consumer Price Index. For all fees and financing
mechanisms included in the agreement, the applicant shall pay an
amount equal to the original fees and financing mechanisms plus an
amount derived by multiplying the base fees and financing mechanisms
by the increase, if any, in the Consumer Price Index. For each
subsequent year the calculations shall be performed on the base fees
and financing -mechanisms as previously adjusted for inflation. The
Consumer Price Index shall be calculated on an annual basis from the
date of approval up to and including the January of the year when
building permits are issued.
SECTION 3. DEVELOPMENT AGREEMENTS SHALL PROVIDE FOR CLEAR
AND SUBSTANTIAL BENEFIT TO THE CITY AND PEOPLE OF SANTA CLARITA The
Goals and policies of the General Plan support the use of
development agreements to provide for the design, construction, and
financing of public facilities, utilities, and infrastructure in.
general. The attainment of the standards illustrated by the goals
and policies of the General Plan is required" of all projects
approved by the City, including development agreements. Because of
the potential benefits development agreements offer- to project
proponents, such as extended build -out times and the vesting of
existing standards at the time of approval, development agreements
will require that project proponents provide benefits to the City
that clearly exceed the standards and/or requirements outlined by
the goals and policies of the City's General Plan and the draft
Uniform Development Ordinance, thereby establishing a clear and
substantial public benefit to the City. The following examples will
illustrate requirements as indicated by the General Plan and draft
Uniform Development Ordinance and examples of extraordinary benefits
that could be required of project proponents in a development
agreement:
1) Dedication and improvement of park -land area
a) land dedication and improvement of park -land area clearly
in excess of maximum requirements
b) in -lieu fees clearly in excess of maximum requirements
c) contribution and construction of off-site facilities
clearly in excess of maximum requirements
d) contributions and/or construction of child care facilities
that are clearly in excess -of maximum requirements
e) in -lieu fees for art in public places that are clearly in
excess of maximum requirements
2) Roadway dedication and improvement
a) the payment of fees clearly in excess of required current
bridge and thoroughfare fees
b) acquisition of land area and improvement of targeted
roadways in the City
C) provision of circulation improvements and facilities
clearly in excess of maximum requirements
d) improvements to transit capacity and facilities clearly in
excess of maximum requirements
e) in -lieu fees related to the Congestion Management Program
clearly in excess of maximum requirements
3) Infrastructure improvements
a) the upgrade and expansion of systems clearly in excess of
maximum requirements, including, but not limited to, sewer,
water, waste treatment, and water reclamation
b) acquisition of land area for and the improvement of public
facilities that benefit the entire planning area or large
segments of the planning area '
4) School and fire fees
a) the acquisition of land area and improvement of facilities
clearly in excess of maximum requirements
b) the contribution of fees clearly in excess of maximum
requirements.
The above examples illustrate the establishment of clear and
substantial benefit to the City and people of Santa Clarita.
Additional clear and substantial benefits identified and accepted by
the City Council could also be included within development
agreements.
SECTION 4. STATEMENT OF OVERRIDING CONSIDERATIONS AS
ASSOCIATED WITH DEVELOPMENT AGREEMENTS .Prior to approving a
development agreement for an approved project, the City Council
shall make a formal statement of overriding considerations, as
required by the California Environmental Quality Act, if the
approving body finds the following:
The benefits of the proposed project clearly outweigh the
negative environmental impacts of the project which cannot be
mitigated to a level of insignificance, as identified in the
final environmental impact report. The Council shall
substantiate this decision in writing,, citing the specific
benefits, including social and economic benefits, to support its
action based on the final environmental impact report and/or
other information in the record.
If a statement of overriding considerations is adopted by the
Council, in conjunction with approving a development agreement, the
clear benefits to substantiate the development agreement must be in
addition to the benefits to substantiate the Statement of. Overriding
Considerations.
PASSED, APPROVED AND ADOPTED this day of
1991.
Carl Boyer, Mayor
ATTEST:
Donna M. Grindey,- City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and
foregoing Resolution was duly adopted by the City Council of the
City of Santa Clarita at a regular meeting thereof, held on
the day of. , 1991 by the following voteof
Council:
AYES: - COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Donna M. Grindey, City Clerk
GEA: 396