Resolution Number 88-1-5-6421
RESOLUTION NO. 88-1-5-6
ESTABLISHING PROCEDURES FOR APPROVAL OF DEVELOPMENT AGREEMENTS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING PROCESSING
PROCEDURES GOVERNING THE APPROVAL OF DEVELOPMENT
AGREEMENTS AUTHORIZED UNDER GOVERNMENT CODE
SECTIONS 65864, ET SEQ.
WHEREAS, Government Code Sections 65864 through 65869.5 authorize cities
to approve development agreements with private developers providing for the approval of
development projects subject to specified conditions; and,
WHEREAS, the City Council of the City of San Juan Capistrano desires to
create a procedural framework within which development agreements may be approved
between the City and private developers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, as follows:
SECTION 1. Intent and Purpose.
The purpose of this resolution is to establish a procedural framework within
which development agreements may be approved between private developers and the
City. These procedures hereinafter provide for a procedural format for approval of such
agreements, duration of the agreement, permitted uses of the property, provision for
identification of land, and other related issues all pursuant to Government Code Sections
65864, et seq.
SECTION 2. Procedural Requirements for Processing
Development Agreements.
Any developer interested in applying for the benefits of a development
agreement pursuant to the requirements of the State law (Government Code Sections
65864, et seq.), shall file a written application with the Director of Community Planning
and Development requesting a development agreement with the City. The application
may be brief, but shall include the full identification of the developer, the conceptual
proposal for the development covering such issues as proposed use of the property and
desired length of the agreement. Upon receipt of the application, the Director may
request further information as he deems appropriate.
Thereafter, the Director, at his discretion, shall set a public hearing time
before the Planning Commission on the draft of the proposed agreement. The Planning
Commission shall forthwith make a recommendation on the proposed development
agreement to the City Council. The Director shall thereafter set a public hearing before
the City Council on the proposed development agreement following transmission of the
recommendation to the City Council. Notice of said public hearings shall be held in
accordance with Government Code Sections 65867, 65090, and 65091.
SECTION 3. General Contents of Development Agreements.
Pursuant to Government Code Section 65865.2, the development agreement
'shall specify the duration of the agreement, the permitted uses of the property, the
density or intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes.
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SECTION 4. Vesting of Property Rights.
Unless otherwise provided by the development agreement, existing land use
regulations set forth in the General Plan, specific plan and zoning for the property at the
time of the approval of the development agreement shall govern for the entire term of
the agreement.
SECTION 5. Consistency Finding.
A development agreement shall be approved by City ordinance and shall
contain a finding that the proposed development is consistent with the City's General
Plan and any applicable specific plans for the property.
PASSED, APPROVED, AND ADOPTED this
of January , 1988.
ATTEST:
Sth
ANTHONY AND, MAYOR
00
CITY CLEI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
MA
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 88-1-5-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
of January , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY ANN OVER, CITY CLERK
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