HomeMy WebLinkAboutCC RESO 2011-196RESOLUTION NO. 2011 — 196
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ESTABLISHING
A NEW CITY COUNCIL POLICY NO. 402
PERTAINING TO DEVELOPMENT AGREEMENTS
WHEREAS, in California, a city may legally change land use regulations on a
project unless the property owner has acquired a legally vested right. Such a right does not
arise until the owner has obtained a building permit, substantial work has been performed on
the project, and substantial liability incurred by the owner in good faith reliance upon the permit;
and
WHEREAS, Government Code Sections 65864 through 65869.5 establish a
procedure whereby a city may enter into a development agreement with an owner to confer
vested development rights where none would otherwise exist; and
WHEREAS, a city may, or upon request of an owner must, establish procedures
and requirements for the consideration by the city of a development agreement upon application
by the owner or other person having a legal or equitable interest in property to be developed;
and
WHEREAS, the benefits to a city from entering into a development agreement
are that the owner may be required to construct specific improvements, provide public facilities
and services, pay development impact fees of a different type that may be required under the
Mitigation Fee Act, develop according to a specific time schedule, or make other commitments
that the city might otherwise have no authority to require the owner to perform; and
WHEREAS, it has been proposed that the City Council Policy Manual be
amended by adding Policy No. 402 thereto, establishing procedures and requirements for
development agreements
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby amends the City Council Policy Manual by adding Policy No. 402 thereto,
establishing procedures and requirements for development agreements.
PASSED and ADOPTED this 6th day of September, 2011.
ATTEST:
Michael R. Della, ity
A:'ROVED AS TO FORM:
u. a G. Silva
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 6, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/
City CI
rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-196 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2011.
City Clerk of the City of National City, California
By:
Deputy