CITY OF DELANO
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF DELANO APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DELANO, A CALIFORNIA MUNICIPAL CORPORATION ("CITY"), AND LEORA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPER").
THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Delano has enacted regulations to implement procedures for the processing and approval of development agreements in accordance with Delano Municipal Code Title 20, §20.2.70 (Development Agreements); and
WHEREAS, the subject property is owned by LeOra, LLC. A California Limited Liability Corporation (“Developer); and
WHEREAS: Developer desires to carry out the development of the property consistent with the city general plan and the Development Agreement and other entitlements referenced therein; and, WHEREAS, the Development Agreement will assure the City and its residents and the Developer that the Development will proceed as proposed and that the public improvements and other amenities and funding obligations, will be accomplished as proposed; and
WHEREAS, pursuant to Section 65867 of the Government Code on February 6, 2023, the City Council held a duly noticed public hearing on the Development Agreement and Tentative Tract Map No. 7404, during which public hearing, the City Council received comments from the Developer, City staff, and members of the general public; and SECTION 1: This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit “A” Title 20, Zoning of the Delano Municipal Code allows the City Council to review and approve by ordinance proposed development agreements in Exhibit “A” attached hereto and incorporated herein by this reference.
SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq., and pursuant to Title 20 §20.2.70 Development Agreements
Ordinance No. 2023-
February 6, 2023
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
1. It is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;
2. It is compatible with the uses authorized in, and the regulations prescribed for the zone district in which the real property is or will be located;
3. It is in conformity with and will promote public convenience, general welfare and good land use practice;
4. It will not be detrimental to the health, safety and general welfare;
5. It will not adversely affect the orderly development of property or the preservation of property values; and
6. It will promote and encourage the development of the proposed project.
SECTION 4. If any portion of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance irrespective of the fact that any portion of this Ordinance be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its adoption, a copy of the same shall be published and circulated in the City of Delano together with the names of the members of the City Council voting for and against the same.
SECTION 6. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance or a summary thereof to be prepared according to law to be published in accordance with law in a newspaper of general circulation in the City.
SECTION 7 . The City Clerk is hereby ordered and directed to record the Signed and Executed Development Agreement with the Kern County Clerk and Recorders Office PASSED AND ADOPTED this 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: _________________________
Ricardo G. Chavez, City Clerk
SIGNED AND ADOPTED this 21st day of February 2023.
_________________________
Joe L. Alindajao, Mayor
Exhibit 4
Tentative Tract Map No. 7404