HomeMy WebLinkAboutResolution - 2766 STATE OF CALIFORNIA ) RESOLUTION NO. 2766
COUNTY OF RIVERSIDE } ss
CITY OF SAN JACINTO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO AMENDING PROCEDURES AND REQUIREMENTS
FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS
UNDER GOVERNMENT CODE SECTIONS 65864 THROUGH
65869.5, INCLUSIVE
WHEREAS, the City of San Jacinto (the "City") in 2002 adopted rules and
procedures for the consideration of development agreement requests under
Government Code Sections 65864 through 65869.5, inclusive; and
WHEREAS, Section 401 of the procedures and requirements allow for all
development agreements to be considered at a public hearing before the
Planning Commission, and after the hearing by the Planning Commission, the
Planning Commission shall make its recommendation in writing to the City
Council.
WHEREAS, the City Council has determined that the Council may be
more appropriate for reviewing certain Development Agreement requests that will
~" have either major significance, major economic impact on the city or an unusual
potential impact upon the community; and
WHEREAS, the adoption of an amendment to the procedures and
requirements for consideration of applications for development agreements is not
a "project" subject to the requirements of the California Environmental Quality Act
because it is an organizational or administrative activity of government which is
political and which will not cause a direct or reasonably foreseeable indirect
change in the environment as set forth in Public Resources Code Section 21083
and Section 15378 of the California Environmental Quality Act Guidelines.
NOW, THEREFORE, the City Council of the City of San Jacinto,
California, finds, determines and orders as follows:
SECTION 1: The rules and procedures are hereby amended to add
Section 401.1 to read as follows:
Section 401.1 Authority of City Council to Substitute the City
Council as the Planning Commission for the Certain Development
Agreement Requests.
As to any development agreement application brought before the
City Council either upon application by a developer, request by city
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staff, or by request of one or more council members of this purpose,
%NW the City Council may vote to substitute the City Council as the
Planning Commission and act upon such development agreement
without Planning Commission's advice or recommendation.
However, the City Council shall have the authority upon finding and
determining that the development agreement will have either major
significance, major economic impact on the City or an unusual
potential impact on the community.
The City Council in acting pursuant to this section shall be bound to
the same procedural and substantive requirements as the planning
commission would be if the Planning Commission were acting.
There shall be no right or reconsideration or administrative appeal of
any decision made by the City Council pursuant to this section.
All inconsistencies or conflicting provisions of this Resolution are
hereby deemed amended as necessary to conform such conflicting
or inconsistent provisions with this section. This section shall not
be operative in any particular case where this section conflicts with
any preempting state or federal law or judicial decision, but shall be
fully operative in all other cases.
SECTION 2: The City Manager is instructed to amend such application
forms, checklists and other documents as he considers necessary to implement
`+- the procedures and requirements.
SECTION 3. Effective Date. This Resolution shall be effective
immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 2151 day of July, 2005, by the
following vote:
Ayes: Ritchie, Shaw, Buydos
Nays: None
Absent: Ayres, Stubblefield
Abstain: None
City of San Jacinto
-
A/v�}
*AW - 7. By Chris Carlson Buydos, Mayor
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ATTEST,
)M" 411�
D rothy Cho, inard, City Clerk
APPROVED AS TO FORM:
City Kttbrney, Ci of San Jacinto
Best, Best & Krieger, LLP
CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF SAN JACINTO }
I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, DO
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Resolution No. 2766 of the City Council and that the same has not been
amended or repealed.
Witness my hand and official seal this 22"" day of July, 2005.
y
r D rothy L. Ch inard, City Clerk,
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