HomeMy WebLinkAboutAgenda Statement 1985/02/19 Item 4 COUNCIL AGENDA STATEMENT
Than 4
Meeting Date 2/19/85
ITEM TITLE: //9. 5 Resolution - Establishment of Procedures
and Requirements for Development Agreements
SUBMITTED BY: Assistant City Attorney
(4/5ths Vote: Yes No X )
Government Code Section 65864 et seq. provide authority for the
City to enter into development agreements. Section 65865
authorizes a City to establish procedures and requirements for the
consideration of development agreements . This resolution provides
that such procedures shall be developed independently for each
agreement.
RECOMMENDATION: Adopt the attached resolution establishing
development agreement procedures for the City
of Chula Vista
BOARD/COMMISSION RECOMMENDATION: None
DISCUSSION:
Government Code 65685 provides authorization for the City of Chula
Vista to establish procedures and requirements for the
consideration of development agreements upon application by the
property owner or other person having a legal or equitable
interest in the property. In addition, a recent amendment to the
section (Chapter 751, Stat . 1984) require the City to adopt such
procedures at the request of the developer .
The Government Code provisions establish certain minimal
requirements as to the contents of development agreements; the
notice provisions; periodic review of such agreement and
enforcement. This resolution establishes that the procedures and
requirements for the consideration of a development agreement in
the City of Chula Vista shall be consistent with the requirements
of Government Code Sections 65864 et seq. and that any additional
requirements or procedures may be established in an individual
development agreement.
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February 14, 1985
To: The Honorable Mayor and City Council
Via: John Goss, City Manager
From: George Krempl , Director of Planning(Qy'
Subject: Planning Commission Recommendation on EastLake I
On February 13, 1985, the Planning Commission unanimously recommended approval
of the EastLake I SPA Plan, Public Facilities Plan, Development Agreement,
Planned Community District Regulations, Tentative Residential Subdivision Map
84-9 and the Candidate CEQA Findings.
The Planning Commission incorporated the attached changes submitted by Mr.
Spata into its recommendation of the Public Facilities and Financing Plan and
Development Agreement. The change to the Development Agreement was made
subject to approval as to form by the City Attorney.
The Commission deleted a condition from the Tentative Residential Subdivision
Map that required a minimum of 166 manufactured homes to be located within the
EastLake Shores neighborhood based on testimony by the developer that detached
single-family, manufactured homes are more expensive than "stick-built"
homes. The Commission agreed to delete the condition with the understanding
that the developer would provide 166 apartment-type, manufactured housing
units within the Village Center. The next tentative map will cover the
Village Center portion of the project.
The Commission also expressed an interest in having the very low density,
higher prices custom lot housing, develop in a timely fashion with the rest of
the housing products. Therefore, they stipulated that before 50 percent of
the total units are built, 31 of the low density product is to be built.
Further, when the project is 90 percent built out, the remaining 73 low
density lots are to have been developed. This was further clarified that the
improvements for the very low density units are to be completed so that they
will be available for immediate sale.
The Commission felt that adequate assurances were provided in the Public
Facilities and Financing Plan and Development Agreement to allow the project
to move forward. Previously, the majority of the Commission was concerned
about off-site road improvements, particularly Route 125, and did not want to
place the City in jeopardy. The Commission was given assurances by the City
Attorney that the Development Agreement contained provisions for halting the
issuance of building permits for EastLake if public facilities were not
constructed in a timely manner. The Commission was also assured by the City
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The Honorable Mayor
and City Council -2- February 14, 1985
Engineer that the facilities called for in the Facilities Plan would be
guaranteed by tentative subdivision map conditions. If an area-wide
facilities benefit assessment district is not formed for benefiting property
owners in the area, then development would be stopped until the facilities are
constructed.
A number of other minor corrections were made by the Commission to the various
documents which will be incorporated into the final action by the City Council .
BG:rms
Attachment
WPC 1730P
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EASTLAKE I PROJECT
PLANNING COMMISSION HEARING OF FEBRUARY 13, 1985
United Enterprises, Inc. strongly urges the Planning Commission to incorporate the
following alterations to the EastLake I documents:
A. PUBLIC FACILITIES FINANCING PLAN
Page 11: The first sentence of paragraph 2 should read:
In the event that external travelway improvements have not been
constructed and FBA funds are not available at the time necessary to
meet the demands of the EastLake. I SPA development, the EastLake
developer would be prohibited from proceeding to the next phase of
building permits until adequate facilities are financed and either
constructed or under construction.
B. DEVELOPMENT AGREEMENT -
Page 11: Section 6.2.2 should read:
Improvements Conditioned And Required a This Agreement. Pursuant
to Sections VIII, IX, and X of the Financing Plan, Developer agrees
that the development of the EastLake SPA shall not proceed beyond,
r "4' and building permits may be withheld where, the improvements listed in
Project Nos. 1 through 50, inclusive, have not been -assur-ed---er
, s.—.wed financed and either constructed or under
construction at the time that such improvements are scheduled ...
C. TENTATIVE MAP
Page 2 of staff report: Insert before the table:
The developer shall be responsible for the following improvements:
Page 2 of staff report: item d in the table: Delete the 125 condition listed in the
column entitled "offsite".
Page 2 of staff report: Insert immediately after the table:
The developer shall be required to construct #125: 4 lanes between
Telegraph Canyon Road and SR 54 including any required bridges
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Condition 31: Revise as follows:
The developer shall be responsible for the eenncctierl correction of and -
damages from any drainage, siltation or erosion problem, or any surface
or subsurface discharge problem resulting from this project.
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