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HomeMy WebLinkAbout1992-01-28 - RESOLUTIONS - DEVAGMT EVALUATION (2)RESOLUTION NO. 92-24 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, WHEREAS, pre -annexation agreements and City initiated development agreements shall be exempt from the provisions of this resolution; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1 DURATION OF AN AGREEMENT The standard duration of development agreements shall be for a minimum five (5) years up to a maximum of seven (7) years, from the date the City Council ^ approves the agreement. If the duration of the agreement extends beyond seven (7) years, the Council shall find that there are overriding circumstances associated with the agreement that require a deviation from the standard duration established above for development agreements. For an agreement to extend beyond five RESO NO. 92-24 Page 2 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 five 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. 92-24 Page 3 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, water reclamation, and solid waste facilities 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. RESO NO. 92-24 Page 4 SECTION 4. STATEMENT OF OVERRIDING CONSIDET+ATIONS 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. 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 28th day of 1992. Ji Klajic, Mayor ATTEST: nna M. Grind y, City Cler RESO NO. 92-24 Page 5 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 28th day of January 1992 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, McKeon, Klajic NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None nna M. Grindey, City Cl GEA:jcg:396