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HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - ADOPT RESO 91 186 (2)I AGENDA REPORT City Manager Approval Item to be presente UNFINISHED BUSINESS Lynn M. Harris DATE: January 14, 1992 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. The resolution was brought before the Council at the meeting of November 26, 1991. The Council requested that the following changes be implemented into the resolution: 1) A statement reflecting that pre -annexation agreements and City initiated development agreements are exempt from the provisions of the resolution. 2) A statement indicating that development agreements will require benefits from project proponents that clearly exceed the conditions of the previously approved project. 3) A section indicating that land dedications related to a development agreement shall occur immediately after final approval of the agreement. (Staff has implemented a 180 day time limit related to the completion of land dedications. Staff believes this time limit is necessary to allow the project proponent sufficient time to process the dedication. Loan approvals, contingency purchases, and other factors would affect the ability to dedicate land upon final approval of an agreement.) Staff has drafted these requested changes for the Council's review. Adopt Resolution No. 91-186 ATTACHMENTS Resolution No. 91-186 Continued To: -z- ama LMH:GEA:jcg:434 -s. 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 inconjunction 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, WHEREAS, pre -annexation agreements and City initiated development agreements shall be exempt from the provisions of this resolution; and, NOV THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 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, in addition to clearly exceeding the conditions of the previously approved project, 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 Reso No: P91-186 Page 2 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: Reso No. P91-186 Page 3 t 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. SECTION 5. DEDICATIONS OF LAND All land dedications related to a development agreement shall be transferred to the appropriate agency within 180 days from final approval of the agreement. PASSED, APPROVED AND ADOPTED this day of , 1991. Jill Klajic, 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 vote of Council: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCIL14EMBERS: GEA:jcg:396 Reso No. P91-186 Page 4 Donna M. Grindey, City Clerk