shall review the applica tion and determine the additional requirements necessary to complete the agreement. After the required information is received, a staff report and recommendation shall be prepared. The staff report shall state whether or not the agreement as proposed or in an amended form would be consistent with the general plan and any applicable specific plan.
17.265.090 Contents of development agreement.
Each development agreement shall be prepared under the direction and supervision of the director and approved as t o form by the city attorney.
Each development agreement shall contain the following minimum provisions:
A. Duration of agreement;
B. Permitted and conditional uses;
C. Density or intensity of uses;
D. Location of uses;
E. Provisions for reservation, dedication, and improvement of land for public purposes;
F. Rules, regulations, policies, and detailed design of physical improvements, governing property development standards, and public improvement standards;
G. Conditions, terms, restrictions, and re quirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;
H. Commencement and completion dates;
I. Performance security as may be required; and
J. An appeal process for resolution of any interpretation disputes.
17.265.100 Notice.
The director shall give notice of intention to co nsider adoption of a development agreement and of any other public hearing required by law or this Chapter according to the provisions of this section.
A. The form of the notice of intention to consider adoption of development agreement shall contain:
1. The time and place of the hearing;
2. A general explanation of the matter to be considered including a general description of the area affected; and
3. Other information required by specific provisions of these regulations or which the director consider s necessary or desirable.
B. The notice shall published at least once in a newspaper of general circulation in the City of El Cajon. The notice shall also be mailed to all persons shown on the last equalized assessment role as owning real property and occupants within 300 feet of the property that is the subject of the proposed development agreement.
C. The notice requirements referred to in this section are declaratory of existing law (Government Code section 65867). The provisi ons of Government Code sec tions 65854, 65854.5, and 65856 are incorporated by reference as a part of this section. If state law prescribes a different notice requirement, notice shall be given in that manner.
D. The failure of any person entitled to notice required by law shall not affect the authority of the City of El Cajon to enter into a development agreement.
17.265.110 Rules governing conduct of hearing.
The public hearing shall be conducted in accordance with the procedura l standards prescribed in this T itle for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard.
The applicant shall have the burden of proof at the public hearing on the proposed development agreement.
17.265.120 Irregularity in proceedings.
No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered
substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted in error or is shown.
17.265.130 Determination by commission.
A. Within 30 days of completion of an environmental impact report, negative declaration (with or without mitigation), or ot her required environmental review, or within 90 days of the date the application is accepted as complete, whichever date is later, the commission shall hear and consider the proposed development agreement.
B. The commission shall, at the conclusion of the hearing, recommend to the city council approval, disapproval, or modification of the proposed development agreement. Such recommendation shall include specific regulations, if applicable, to be applied to the proposed project, including but not limited to, the following:
1. Permitted uses;
2. Conditional uses;
3. Property development regulations;
4. Public improvement standards;
5. Special requirements where applicable; and
6. Development plan and schedule.
17.265.140 Decision by city council.
A. Within 30 days of the commission action on a proposed development agreement, a public hearing shall be set by the city clerk, noticed in accordance with section 17.265.100, and held by the city council.
After the city council completes its public hearing, it may accept or disapprove the recommendation of the commission. The city council shall refer matters not previously considered by the commission during its hearing and any proposed modifications to the development agreement back to the commission for rep ort and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the city council.
B. The city council may not approve the development agreement unless it finds that the provisions of the agreement are cons istent with the general plan and any applicable specific plan.
C. If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development takes effect, the city council may ente r into the agreement.
17.265.150 Additional use of development agreements.
A. The director, in the director’s discretion, or the commission or the city council, in its discretion, may approve the use of a development agreement as a method of implementing any discretionary approval authorized in this Title, including, but not limited to, the following:
1. Zone map amendments;
2. Issuance of a conditional use permit;
3. Conditions imposed upon approval of a variance;
4. Conditions imposed upon approval of site plan review;
5. Conditions imposed in connection with the adoption of a ny specific plan;
6. Conditions imposed upon any subdivision; and
7. Mitigation measures imposed upon a project after approval of an environmental impact report or a negative declaration in which such mitigation measures have been proposed as a
mechanism for eliminating or reducing environmental
impacts.
B. The processing, review, and approval of a development agreement authorized or required pursuant to the provisions of this section shall be processed, reviewed, and approved concurrently with the specific discretionary entitlement or review process applicable to the project which would be subject to such development agreement.
Development agreements authorized or required pursuant to this section need not be processed pursuant to the provisions of this Title.
17.265.160 Amendment and cancellation of agreement by mutual consent.
The procedure for proposing and adopting an amendment to or canceling, in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.
17.265.170 Recordation of development agreement, amendment, or cancellation.
A. Within ten (10) days after the development agreement has been executed and has become binding on the city, the city clerk shall have the agreement recorded with the County Recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code
section 65868, or if the city council terminates or modifies the agreement as provided in Government Code section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the County Recorder.
17.265.180 Periodic review.
A. The director shall review the compliance by the property owner under the development agreement every 12 months from the date the agreement is entered into.
B. If the director finds substantial evidence that the property owner under the development agreement has not complied in good faith with the terms and conditions of the development agreement the director shall set a public hearing before the commission, noticed in accordance with section 17.265.100, at which the property owner must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of compliance by the property owner is upon the property owner.
C. The commission shall determine upon the basis of substantial evidence whether the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
17.265.190 Procedure upon findings.
A. If the director after the director’s review, or the commission after a hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
B. If the commission after a hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the commission s hall forward its
recommendation to the city council and the city council may modify or terminate the agreement.
17.265.200 Modification or termination.
A. Within 30 days of receipt of the commission’s findings and determinations regarding compliance with the development agreement, a public hearing shall be set by the city clerk, noticed in accordance with section 17.265.100, and held by the city council.
The notice shall contain:
1. The time and place of the hearing;
2. A statement as to whether the city proposes to terminate or to modify the development agreement;
3. Other information which the city considers necessary to inform the property owner of the nature of the proceedings.
B. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the commission for further proceedings or for report and recommendation. The city council may impose such conditions as it considers necessar y to protect the interest of the city. The decision of the city council shall be final.
17.265.210 Enforcement.
Unless amended or canceled, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation (not including Title 15 of this Code), adopted by the city council which may otherwise alter or amend the rules, regulations, or policies specified in such development agreement.
SECTION 35. The City Council of the City of El Cajon intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION 36. This ordinance shall go into effect thirty (30) days following its passage and adoption.
12/13/22 CC Agenda – 1st Reading
01/10/23 CC Agenda – 2nd Reading
Ord – Title 17 ZC Amendment 2022-0002 010523
City Council
Agenda Report
Agenda Item 16.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Amendment to Specific Plan No. 2022-0001, Amendment to Specific Plan No. 452
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Amending Specific Plan No. 452 to Authorize an Automobile Dealership at 1155 Graves Avenue in the Regional Commercial (RC) General Plan Designation and the C-R (Regional Commercial) Zone; Assessor Parcel Numbers (APNS) 483-090-15-00; 483-090-16-00; 483-090-24-00; 483-090-25-00; 483-090-26-00; 483-090-42-00; and 483-090-41-00.
Attachments
Ord 5132
ORDINANCE NO. 5132
AN ORDINANCE AMENDING SPECIFIC PLAN NO. 452
TO AUTHORIZE AN AUTOMOBILE DEALERSHIP AT
1155 GRAVES AVENUE IN THE REGIONAL COMMERCIAL (RC)
GENERAL PLAN DESIGNATION AND THE C-R (REGIONAL
COMMERCIAL) ZONE; ASSESSOR PARCEL NUMBERS (APNS)
483-090-15-00; 483-090-16-00; 483-090-24-00; 483-090-25-00; 483-090-26-00; 483-090-42-00; AND 483-090-41-00
WHEREAS, the El Cajon Planning Commission ( "Planning Commission") held a duly advertised public hearing on November 1, 2022, to consider Specific Plan No. 2022- 0001, an amendment to Specific Plan No. 452, for the future development of an automobile dealership at the southeast corner of Graves Avenue and Hart Drive; and
WHEREAS, in accordance with California Environmental Quality Act ( "CEQA") Guidelines section 15061(b)(2), and prior to making a recommendation to the City Council, the Planning Commission reviewed and considered the information contained in the project staff report, and then adopted Resolution No . 11081 recommending City Council approval of the proposed CEQA Categorical Exemption pursuant to section 15332 (In-fill Development Projects); and
WHEREAS, the Planning Commission adopted Resolution No. 11082 recommending City Council approval of SP-2022-0001; and
WHEREAS, the City Council held a duly advertised public hearing on December 13, 2022, to consider the Amendment to Specific Plan (SP) No. 452, for the future development of an automobile dealership at the southeast corner of Graves Avenue and Hart Drive; and
WHEREAS, the El Cajon City Council reviewed and considered the proposed CEQA Exemption, and adopted Resolution No. 119-22; and
WHEREAS, at the public hearing the City Council received evidence through public testimony and comment, in the form of both verbal and written communications and reports prepared and presented to the City Council including (but not limited to) evidence such as the following:
A. The proposed project will redevelop an existing underutilized site located adjacent to the City’s regional commercial dis trict whereby expanding opportunities for local job creation and synergistic compatibility with surrounding community scale commercial uses. Furthermore, it will construct a modern facility that will add economic and visual quality to the City’s tax base and built environment. Moreover, the specific plan includes development standards and ongoing conditions attached as Exhibit A to ensure a compatible neighborhood operation with the existing and planned land uses in the vicinity.
B. The project focuses on a particular portion of the City where special circumstances require a more detailed framework of development than the General Plan, and more detailed standards than the general provisions of the Zoning Code. It effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area. A specific plan remains an appropriate entitlement for the subject properties given that the Zoning Code, which implements the General Plan, explicitly requires a Specific Plan to construct across property lines. Moreover, the proposed amendment is consistent with General Plan Goal 9, which encourages the creation and retention of a strong, competitive region-wide commercial base, as well as specific implementing Policies 9-3.4 and 9-4.11.
WHEREAS, after considering such evidence and facts, the City Council did consider the Amendment to Specific Plan No. 452 as presented at its meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJO N DOES ORDAIN AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to this Amendment to Specific Plan No. 452.
SECTION 2. That based upon said findings of fact, the City Council approves Amendment to Specific Plan No. 452 , in accordance with the attached Exhibit "A," incorporated herein by reference as if fully set forth.
SECTION 3: This ordinance shall become effective th irty days following its passage and adoption.
12/13/22 CC Agenda – 1st Reading
01/10/23 CC Agenda – 2nd Reading
Ord – Amend SP 452 - Hyundai 010423
City Council
Agenda Report
Agenda Item 17.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Zone Reclassification No. 2021-0002
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Rezoning Property Located on the West Side of North Mollison Avenue Between East Madison and East Park Avenues and Addressed as 470 North Mollison from RM-2200 (Residential, Multi-Family, 2,200 Square Foot) to O-P (Office Professional) Zone; APN:
488-061-17-00; Pending General Plan Designation: Office/Non-Retail (O/NR).
Attachments
Ord 5133
ORDINANCE NO. 5133
AN ORDINANCE REZONING PROPERTY LOCATED ON THE
WEST SIDE OF NORTH MOLLISON AVENUE BETWEEN EAST
MADISON AND EAST PARK AVENUES AND ADDRESSED AS 470
NORTH MOLLISON FROM RM-2200 (RESIDENTIAL, MULTI-FAMILY, 2,200 SQUARE FOOT) TO O-P (OFFICE PROFESSIONAL) ZONE; APN:
488-061-17-00; PENDING GENERAL PLAN DESIGNATION:
OFFICE/NON-RETAIL (O/NR)
WHEREAS, the City Council considered proposed General Plan Amendment No. 2021-0002 to amend the general plan designation of the property from Medium Density (MR) Residential to Office/Non-Retail (O/NR) and adopted Resolution No. 121-22; and
WHEREAS, the City Council held a duly advertised public hearing on December 13, 2022, to consider Zone Reclassification No. 2021 -0001, to change the zone from RM - 2200 ("Residential, Multi -family, 2,200 s quare foot") to the O-P ("Office Professional") zone; and
WHEREAS, at the public hearing the City Council received evidence through public testimony and comment, in the form of both verbal and written communications and reports prepared and presented to the City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the record as a whole, the City Council hereby makes the following findings:
A. The proposed Zone Reclassification from RM -2200 to O -P is consistent with the proposed change of the General Plan Land Use Designation to Office/Non -Retail pursuant to the General Plan Zoning Consistency Chart. The proposed zone would further provide for office and other compatible non -retail businesses in cl ose proximity to residential as anticipated in the General Plan. Moreover, the proposed amendment will create an appropriately integrated medical facility consistent with General Plan Land Use Element Policies 9-4.4 and 9-4.13, and Environmental Justice El ement Goal 7, and will further facilitate investment into the property consistent with Land Use Policy 11 -1.2 which seeks quality development of all kinds.
B. The proposed amendment is consistent with Specific Plan No. 513 as it preserves the 16 required offsite parking spaces for the adjacent healthcare clinic to the north.
C. The proposed zone change will encourage the use of an underutilized property through the creation of an integrated
commercial area with land use permissions that are better suited to existing conditions and improvements. The zone change will expand health care access in the Bostonia Environmental Justice Community identified in the Environmental Justice Element and bring additional jobs and economic opportunity to the area.
D. The subject site was developed with an assembly building which dates to April of 1962 and has remained a non-residential use since that time. Furthermore, the adopted Housing Element does not identify the subject property in its Sites Inventory and therefore remaining sites in the Housing Element are adequate to
accommodate the City of El Cajon’s Regional Housing Needs Allocation.
SECTION 2. That based upon said findings of fact, the City Council hereby rezones the subject property on the west side of North Mollison Avenue from RM-2200 to the O-P zone in accordance with the attached Exhibit "A ," and subject to the condition that all other land use entitlements benefitting the subject property shall be null and void upon effectiveness of this Zone Reclassification.
SECTION 3. This ordinance shall become effective thirty (30) days following its passage and adoption.
12/13/22 CC Agenda – 1st Reading
01/10/23 CC Agenda – 2nd Reading
Ord – ZR 2021-0001 - 470 N Mollison 010423
City Council
Agenda Report
Agenda Item 18.
DATE: January 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Approval of Specific Plan No. 2022-0004
RECOMMENDATION:
That Mayor Wells requests the City Clerk to recite the title.
An Ordinance Repealing Specific Plan No. 138 and Approving Specific Plan No. 2022-0004 for Properties at the Southwest Corner of Greenfield Dr. & E. Main St. in the Office Professional (O-P) and Residential, Single-Family, 40,000 Sq. Ft. (RS-40) Zone, General Plan Designation:
Public Institution (PI) and Open Space (O-S) Zone; Assessor's Parcel Number (APNs) 507-200-58-00; and 507-320-48-00.
Attachments
Ord 5134
ORDINANCE NO. 5134
AN ORDINANCE REPEALING SPECIFIC PLAN NO. 138 AND
APPROVING SPECIFIC PLAN NO. 2022-0004 FOR PROPERTIES AT THE
SOUTHWEST CORNER OF GREENFIELD DR IVE & EAST MAIN ST REET
IN THE OFFICE PROFESSIONAL (O-P) AND RESIDENTIAL, SINGLE- FAMILY, 40,000 SQ. FT. (RS-40) ZONE, GENERAL PLAN DESIGNATION:
PUBLIC INSTITUTION (PI) AND OPEN SPACE (O -S) ZONE; ASSESSOR ’S PARCEL NUMBERS (APN s) 507-200-58-00; AND 507-320-48-00
WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on December 6, 2022, to consider the replacement of Specific Plan No. 138 with a new Specific Plan No. 2022 -0004 ("Specific Plan"), to regulate future development of vacant properties at the southwest corner of Greenfield Drive and East Main Street (the "Project"); and
WHEREAS, the El Cajon Planning Commission considered and recommend ed City Council approval of the proposed CEQA common sense exemption in accordance with the California Environmental Quality Act Guidelines section 15061(b)(3) for the Project; and
WHEREAS, the proposed Specific Plan requires that a comprehensive planning document be prepared prior to development to program this economically significant property for future uses by requiring a more detailed framework for future development proposals and to ensure that the site is developed in a context -sensitive manner that is compatible with the surrounding land uses; and
WHEREAS, the El Cajon City Council reviewed and considered the proposed CEQA Exemption, and adopted Resolution No. 122-22; and
WHEREAS, the City Council held a duly advertised public hearing on December 13, 2022 to consider SP No. 2022-0004 and received evidence through public testimony and comment in the form of verbal and written communications and reports.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that:
A. The recitals above are true and correct and have been incorporated herein by reference.
B. The proposed specific plan requires the development of a comprehensive planning document to establish proposed use and development standards that will systematically implement the General Plan.
SECTION 2. The City Council hereby repeals Specific Plan No. 138 and approves SP No. 2022-0004 in accordance with the attached Exhibit "A."
SECTION 3: This ordinance shall become effective thirty days following its passage and adoption.
12/13/22 CC Agenda – 1st Reading
01/10/23 CC Agenda – 2nd Reading
Ord – Repealing SP 138 & Approving SP-2022-0004 010423
City Council
Agenda Report
Agenda Item 19.
DATE: January 10, 2023
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Legal Counsel - Existing Litigation - pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9: Mike Kauffman v. City of El Cajon; WCAB Case Nos.
ADJ13327811, ADJ13327862, ADJ13328425; and Claim Nos. ELCN-0047 and 20018087
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, January 10, 2023, at 3:00 p.m.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to paragraph (1) of subdivision (d) of Government Code section 54956.9:
NAME OF CASE:
Mike Kauffman v. City of El Cajon
WCAB Case Nos. ADJ13327811, ADJ13327862, ADJ13328425; and Claim Nos. ELCN-0047 and 20018087
MORGAN L. FOLEY
City Attorney / General Legal Counsel
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