cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022- 70822-DAGR)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS APPROVING A
DEVELOPMENT AGREEMENT WITH SJG LONG
INVESTMENT, RELATING TO THE DEVELOPMENT
OF PROPERTY LOCATED AT 88 LONG COURT
(APN 669-0-202-260), THOUSAND OAKS,
CALIFORNIA (DEVELOPMENT AGREEMENT 2022-
70822-DAGR)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hearing on April 25, 2023, the City Council approved this Development Agreement with the following findings:
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 Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SJG LONG INVESTMENT (“Developer”) desires to carry out the development of a residential project (“Project”) located at 88 Long Court (APN 669-0-202-260), (“Property”), consistent with the General Plan, Specific Plan (SP 20), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein;
ATTACHMENT #3
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022- 70822-DAGR)
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WHEREAS, this Development Agreement (2022-70822-DAGR) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project;
WHEREAS, the Planning Commission held a duty noticed public hearing on March 27, 2023 on the Project, during which the Planning Commission received comments from the Developer, City staff, and members of the general public and made a recommendation to the City Council on the Project entitlements and legislative actions.
WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on April 25, 2023, during which the City Council received comments from the Developer, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendment 2021-70182-LU; Development Permit 2022-70269- DP; Protected Tree Permit 2022-70535-PTP; and Development Agreement 2022- 70822-DAGR;
Part 2
NOW THEREFORE, the City Council of the City of Thousand Oaks does hereby ordain as follows:
SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement (including all exhibits to the Agreement), attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.
SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Thousand Oaks Boulevard Specific Plan (SP 20),
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(b) The Development Agreement establishes certain development rights, obligations and conditions for implementation of the Project located at 88 Long Court (APN 669-0-202-260).
(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice; (d) The Development Agreement will not be detrimental to the public health, safety and general welfare;
(e) The Development Agreement will support the orderly development of the Property and the preservation of property values; (f) The project qualifies as a “Residential” project, which is an allowed use within SP 20.
(g) The project is consistent with the “Commercial/ Residential” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the intent and development standards of SP 20 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11).
(i) The project has been determined to qualify for both the Class 32 (Section 15332) and Section 15061(b)(3) Categorical Exemptions under the California Environmental Quality Act.
SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, as amended by General Plan Amendment 2021-70182-LU (City Council Resolution No. ________) prior to adoption of this Ordinance;
(c) Resolution Nos. ____________ for the Project entitlements, adopted by the City Council on April 25, 2023, and which Resolutions and exhibits are incorporated herein by reference as if set forth in full; cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022- 70822-DAGR)
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(d) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project; (e) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and
(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.
SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.
SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. ____, adopted by the City Council approving the General Plan Amendment, becoming effective.
SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Development Agreement.
Part 3
(Uncodified)
Severability
SECTION 8. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022- 70822-DAGR)
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anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 4
(Uncodified)
Effective Date
SECTION 9. This ordinance shall become effective on and after the thirtieth (30th) day following its adoption, provided, however, that if the actions referred to in Section 6 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk.
PASSED AND ADOPTED this XXth day of XXXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:
Office of the City Attorney
Patrick J. Hehir, Andrew P. Powers, City Manager
Chief Assistant City Attorney
Introduced: XXXX XX, 202X
Published: XXXX XX, 202XX
Ordinance No.: XXXX-NS
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The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)
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EXHIBIT “A”
DEVELOPMENT AGREEMENT
(Development Agreement will be attached upon project approval. See Attachment #2)