HomeMy WebLinkAboutResolution - 99-15 RESOLUTION NO. g g-I g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA SETTING FORTH THE
CONDITIONS UNDER WHICH PROPERTY WITHIN THE
CITY IS TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 3 OF THE CITY OF SAN JACINTO
WHEREAS, this Council took proceedings for the formation of a community facilities
district pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government
Code Section 53311 et seq.) (the "Act"); and
WHEREAS, pursuant to the Act, this Council adopted a resolution of formation on or
about March 7, 1989 forming Community Facilities District No. 3 of the City of San Jacinto
("CFD 3") and thereafter took further proceedings pursuant to the Act to conduct an election of
the landowners within CFD 3 to authorize the levy of a special tax for police and fire protection
within CFD 3; and
WHEREAS, it was the intention of this Council in forming CFD 3 that all properties
developing within the City would be required or conditioned as part of the applicable land use
approval or entitlement process to annex to CFD 3; and
WHEREAS, in order to memorialize that intent and to provide guidance to the City's
�- staff in implementing this policy, the Council finds it necessary and advisable to adopt the within
resolution;
NOW, THEREFORE, be it adopted by the City Council of the City of San Jacinto as
follows:
Section 1. The City Council hereby expresses its intent that whenever the City's staff
in the Planning Department is presented with the following types of Land Use Approvals or
Entitlement (hereinafter "Land Use Approval or Entitlement"), prior to the issuance of such
Land Use Approvals or Entitlement, the City's staff will place as a condition of such Land Use
Approval or Entitlement that the property which is the subject of such Land Use Approval or
Entitlement (the "Subject Property" hereinafter) annex to CFD 3. The following Land Use
Approvals or Entitlements will give rise to the condition to join CFD 3:
(a) Approval of a Parcel Map;
(b) Approval of a Tract Map;
(c) Approval of either a Parcel Map or Tract Map extension;
(d) The issuance of a Conditional Use Permit, including a Temporary Conditional
Use Permit;
(e) The issuance of a Building Permit; and
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(f) Any other approval requiring compliance with the California Environmental
Quality Act for approval of the requested Land Use Approval or Entitlement.
Section 2. In setting forth the conditions for any of the foregoing Land Use Approvals
or Entitlements, the City's staff shall set forth therein with specificity the requirement that the
Subject Property annex to CFD 3 and shall make such annexation a precondition to the final
issuance of such Land Use Approval or Entitlement. If it is not possible to effect annexation
of the Subject Property prior to the Land Use Approval or Entitlement becoming effective,
City's staff shall require the owners of the Subject Property to enter into an undertaking
approved as to form by the City Attorney which will constitute an affirmative real covenant
running with and burdening the Subject Property which requires its annexation to CFD 3 as soon
as practicable after the issuance of the Land Use Approval or Entitlement. Nonetheless, to the
maximum extent possible, all Subject Properties shall be required to annex to CFD 3 as a
prerequisite to the issuance of the applicable Land Use Approval or Entitlement.
Section . It is further the intention of the Council in setting forth the within policy
guidelines and requirements that all Subject Properties which were previously conditioned to
annex to CFD 3, but which, for a variety of reasons, have either failed or refused to do so
following the issuance of the Land Use Approval or Entitlement for such Subject Properties, that
City's staff with the assistance of the City Attorney shall undertake appropriate enforcement
actions which will ensure that said Subject Properties will comply with the original condition for
annexation to CFD 3 at the earliest possible moment, including, if feasible, appropriate
revocation of any previously conferred Land Use Approval or Entitlement or litigation to enforce
the annexation condition.
Sce,tion 4. This resolution shall be effective immediately upon adoption. —
PASSED, APPROVED AND ADOPTED this I8th day of February , 1999.
Mayor of the City of San Jacinto
ATTEST:
X9�vc•��- I ✓ T't
City Clerk of the City of San Jacinto
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STATE OF CALIFORNIA )
CITY OF SAN JACINTO ) ss
COUNTY OF SAN BERNARDINO }
I, Pamela L. Lee, City Clerk of the City of San Jacinto, California hereby certify that
the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular
meeting of the City Council of said City duly and regularly held at the regular meeting place
thereof on 2118199 , 1999, of which meeting all of the members of said City Council
had due notice and at which a majority thereof were present; and that at said meeting said
Resolution was adopted by the following vote:
AYES: COUNCIL MEMBERS: Good, Smedley and mayor Cornett
NOES: COUNCIL MEMBERS: Conner and Williams
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Dated: , 1999
City Clerk of the City of San Jacinto
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