HomeMy WebLinkAbout1982-301I RESOLUTION NO. 82-301
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
PROCEDURES FOR APPROVAL OF DEVELOPMENT AGREEMENTS PURSUANT TO
3 SECTIONS 65864, ET SEQ. OF THE GOVERNMENT CODE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. The Mayor and Common Council of the City of San
Bernardino find that commitment to comprehensive planning
encourages maximum efficient utilization of resources at the least
economic cost to the public, and that participation in development
agreements will strengthen the public planning process by
encouraging comprehensive planning.
B. It is the intent of the Mayor and Common Council to
establish procedures and requirements for entering into
development agreements, consistent with the provisions of Sections
65864, et seq., of the Government Code.
SECTION 2. The City will accept applications for development
agreements from any persons having a legal or equitable interest
in real property within the limits of the City or its sphere of
influence. Any public agency having jurisdiction over, or
providing services to, the same property may also be a party to
the agreement. A formal application for a development agreement
may be preceded by a memorandum of understanding adopted by
resolution.
SECTION 3. Any agreement entered into pursuant to the
visions of this resolution shall be reviewed at least annually
determine whether there has been good faith compliance with the
ms and conditions of the agreement, and any statute, ordinance,
ry
I or resolution applicable thereto. Environmental, planning,
2 engineering, or architectural studies or work on the ground must
3 be underway within one year. If the Mayor and Common Council
4 determine, on the basis of substantial evidence, that there has
5 not been good faith compliance, the agreement may be modified or
6 terminated.
7 SECTION 4. Each development agreement shall specify its
g duration. The duration shall approximate the time within which
9 all improvements can reasonably be completed. The agreement shall
10 specify the uses to be established on the property, the density or
11 intensity of use, the maximum height and size of proposed
12 buildings, provisions for reservation or dedication of land for
13 public purposes, and public improvements to be constructed by the
14 property owner. The agreement may include conditions, terms,
15 restrictions, and requirements for subsequent discretionary or
16 ministerial actions and may provide time limits for construction
17 of the development or any phase thereof.
19 SECTION 5. The application for the development agreement
19 shall be prepared by the applicant and filed with the Planning
20 Department for processing. The application shall include all
21 documents necessary for the processing of any other discretionary
22 or ministerial approval to be processed concurrently and shall
23 include the following information:
24 A. The name and address of the owner and the holders of any
25 equitable interest and the person and place for service of process
26 or notices.
27 11 B. A legal.description and map of the entire property to be
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I C. A description, including location, of the uses existing
2 and proposed on the property.
3 D. A statement of other permits or approval which will be
4 required by the City or other agency to implement the development.
5 E. The Planning Director may require any other information
6 which is necessary as a basis for approval of the agreement.
7 SECTION 6. A. The proposed development agreement shall be
8 subject to procedures for determination of the environmental
9 impact of the development.
10 B. A public hearing on the application for a development
11 agreement shall be held by the Planning Commission and any other
12 body whose approval may be required by law for actions within the
13 scope of, or to be considered concurrently with, the development
14agreement. All notices of hearings shall be given in accordance
15 with applicable law.
16 SECTION 7. A public hearing on the development agreement
17 shall be held before the Mayor and Common Council, which shall
lg consider the recommendations of other advisory bodies. The
19 agreement shall not be approved unless it is found to be
20 consistent with the general plan and any applicable specific plan.
21 It shall be approved by ordinance.
22 SECTION 8. Within ten days after the passage of the
23 ordinance approving the development agreement, the City Clerk
24 shall record a copy of the agreement with the County Recorder.
25 Thereafter the agreement shall be binding upon, and the benefits
26 shall inure to, all successors in interest to the parties to the
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agreement.
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SECTION 9.
The rights
and duties of the parties shall be
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governed by statutory provisions relating to development
agreements and by the terms of the agreement. If any provision of
the agreement is determined to be contrary to law, that provision
shall be severed and the remainder of the agreement shall be
unaffected.
SECTION 10. Any action related to the development agreement
shall be subject to the provisions of Chapter 1.26 of the San
Bernardino Municipal Code imposing the time limitations of Section
1094.6 of the Code of Civil Procedure.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ..regular meeting thereof, held
on the 19th day of July 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
Quiel, Hobbs, Strickler
NAYS: None
ABSENT: Council ^lember Botts
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City Clerk
The foregoing resolution is hereby approved „ �-day
of July , 1982. 11--"
Approved
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